Doolittle v. Doolittle
New York Supreme Court
APPEAL from a judgment of a justice of the peace against the defendants for $1.75 damages, and $4.59 costs; which judgment the defendants paid. The action was for trespass in taking the plaintiff’s cow. The defendants justified the taking, under and by virtue of a warrant for the collection of a school tax, signed by two of the trustees of a school district.
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APPEAL from a judgment of a justice of the peace against the defendants for $1.75 damages, and $4.59 costs; which judgment the defendants paid. The action was for trespass in taking the plaintiff’s cow. The defendants justified the taking, under and by virtue of a warrant for the collection of a school tax, signed by two of the trustees of a school district. The warrant was issued in pursuance of an order, made by the board of supervisors of Broome county, under the act of May 1, 1847, in relation to suits against district school officers. (Laws of 1847, p. 163.) The county judge being…
1Opinion of the CourtBalcom, J.
The justice erred in rejecting the tax list and warrant offered by the defendants. The same were regular on their face. The presumption, without proof, is that the tax list and warrant were made out when all the trustees were present, though signed by but two of them. In McCoy v. Curtice, (9 Wend. 17,) it was decided that two trustees may issue a warrant for the collection of a tax, and the presence of the third trustee at the issuing thereof will be presumed,' until the contrary be shown." This principle is too well set- ' tied to be questioned. (See 3 Denio, 249; Id. 594; 1 Comst. 79.) The…
2Cases cited5 opinions
- McCoy v. CurticeNew York Supreme Court · 1832
- Doughty v. HopeNew York Supreme Court · 1846
- Elder v. MorrisonNew York Supreme Court · 1833
- Alexander v. HoytNew York Supreme Court · 1831
- Abbott v. YostNew York Supreme Court · 1846
3Cited by3 opinions
- Shaw v. DavisNew York Supreme Court · 1870
- Arrex v. BrodheadNew York Supreme Court · 1879
- Baley v. WortsmanNew York Supreme Court · 1886