Randall v. Smith
Court for the Trial of Impeachments and Correction of Errors
Error to the Oneida common pleas. The plaintiff in error sued the 'defendants in error before a justice of the peace and de dared in trespass for taking a wagon. The defendants pleaded the general issue, and the plaintiff recovered judgment for fifty dollars.
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Error to the Oneida common pleas. The plaintiff in error sued the 'defendants in error before a justice of the peace and de dared in trespass for taking a wagon. The defendants pleaded the general issue, and the plaintiff recovered judgment for fifty dollars. The defendants appealed to the common pleas, where the cause was tried in March,. 1843. The plaintiff’s wagon was taken by the collector of school district No. 6 in the town of Paris, by virtue of a tax list and warrant originally issued on the 15th of March, 1839, by the then.trustees of the district, which were in due form, except that…
1Opinion of the Court
By the Court, Jewett, J.
The first question presented in this cause is, whether the irregularity in making out the tax list and warrant by the trustees, in February, 1839, rendered the proceedings void and the defendants trespassers. In making out such tax list and warrant it was their duty to- apportion the tax oh all the taxable inhabitants within the district, according to the valuations of the taxable property which was owned or possessed by them at the time of making out the list within the district, and to ascertain the valuations of such property, as far as possible, from the last…
2Cases cited1 opinion
- Alexander v. HoytNew York Supreme Court · 1831
3Cited by7 opinions
- Parish v. . GoldenNew York Court of Appeals · 1866
- Colton v. Beardsley, Bigelow & SpoonerNew York Supreme Court · 1860
- Jewell v. . Van SteenburghNew York Court of Appeals · 1874
- Hill v. Sellick & HandNew York Supreme Court · 1855
- Parrott v. Knickerbocker Ice Co.The Superior Court of New York City · 1869
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