Clarke v. . Tunnicliff
New York Court of Appeals
Appeal from an order of General Term of Sixth District affirming order of Special Term. The action was brought against the Defendants to recover damages for talcing and converting a horse of the Plaintiff.
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Appeal from an order of General Term of Sixth District affirming order of Special Term. The action was brought against the Defendants to recover damages for talcing and converting a horse of the Plaintiff. The Defendants attempted to justify by showing that they were trustees of a school district; that a tax was voted by said district; that as trustees they assessed such tax against the taxable inhabitants of the district, and persons holding land therein, and made out the proper tax-list, upon which assessment and tax-list the Plaintiff was assessed for a farm, owned and worked by him, as…
1Opinion of the CourtMiller, J.
The recovery of the Plaintiff in this action was had by reason of the illegal proceedings of the Defendants as trustees of a school district, in assessing a tax upon the Plaintiff, and in collecting said tax by a sale of his property. Ordinarily, a recovery in such an action would entitle a Plaintiff to costs; and if the Defendants are now exonerated from the payment of costs, it is because they are exempted by section 146 of chap. 480 of the Laws of 1847, which provides that when officers of school districts are prosecuted for any act performed by virtue of, or under color of their offices,…
2Cases cited1 opinion
- Ex parte BennettNew York Supreme Court · 1846
3Cited by2 opinions
- Willey v. ShaverNew York Supreme Court · 1873
- People ex rel. Yale v. EcklerNew York Supreme Court · 1880