Seaman v. Benson
New York Supreme Court
Error to the Cortland common pleas. Seaman sued Benson, Dwight and Tillinghast, as trustees of school district No. 4 in Cincinnatus, in an action of trover, for the conversion of a cow. The defendants pleaded the general issue, and justified the taking of the cow by a collector of the school district as such collector.
Read the full summary
Error to the Cortland common pleas. Seaman sued Benson, Dwight and Tillinghast, as trustees of school district No. 4 in Cincinnatus, in an action of trover, for the conversion of a cow. The defendants pleaded the general issue, and justified the taking of the cow by a collector of the school district as such collector. James Richards testified that he was collector of the school district; that he received four warrants from the trustees, and collected the warrants except a few names. That he collected a tax against Seaman, the plaintiff. That the warrants were not in his possession ; they…
1Opinion of the Court
By the Court, H. Gray, J.
The important question in this case is whether, under the power given to the trustees of school districts by 1 R. 8. 478, § 102, to renew warrants, for the collection from delinquents of such sum or sums of money as remain unpaid, they have the power to issue a new warrant for the same purpose. In Fulsom v. Streeter, (24 Wend. 269,) it was held that the renewal of a warrant, was equivalent to issuing an original warrant. Nelson, J. said : “ The renewal is in fact but a re-issuing of process,” and he perceived “ no reason against regarding it as an original issuing.”…
2Cases cited1 opinion
- Gayle v. SuydamNew York Supreme Court · 1840
3Cited by5 opinions
- Colton v. Beardsley, Bigelow & SpoonerNew York Supreme Court · 1860
- Thomas v. ClappNew York Supreme Court · 1855
- Wilson v. Mayor of New YorkNew York Court of Common Pleas · 1855
- Baker v. LeeNew York Supreme Court · 1886
- Wilson v. Mayor of New-YorkNew York Court of Common Pleas · 1854