Barto v. . Himrod
New York Court of Appeals
This action was brought to recover the value of a wagon levied by virtue of a warrant issued by the defendants to collect several sums of money voted to be raised by tax in school district number one in Ulysses and Covert, Tompkins county, among which was the sum of $250, under the provisions of the “ Act establishing free schools throughout the state,” passed March 26, 1849. In'the complaint the unlawful taking of the wagon in June, 1850, was simply alleged.
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This action was brought to recover the value of a wagon levied by virtue of a warrant issued by the defendants to collect several sums of money voted to be raised by tax in school district number one in Ulysses and Covert, Tompkins county, among which was the sum of $250, under the provisions of the “ Act establishing free schools throughout the state,” passed March 26, 1849. In'the complaint the unlawful taking of the wagon in June, 1850, was simply alleged. In the answer the defendants alleged that they were the trustees of the school district: that on the third of May, 1850, a tax was…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The act establishing free schools throughout the state, passed March 26, 1849, contains the following provisions:
"§ 10. The electors shall determine by ballot at the annual election to be held in November next whether this act shall orshall not become a law."
The 11th and 12th sections prescribe the manner in which the question is to be voted on by the people at the election: the 13th and 14th sections are as follows:
"§ 13. The inspectors of election in the…
2Cited by89 opinions
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- Matter of McCabe v. VoorhisNew York Court of Appeals · 1926
- Joytime Distributors & Amusement Co. v. StateSupreme Court of South Carolina · 1999
- Darweger v. StaatsNew York Court of Appeals · 1935
- The People v. . Fire Association of Phil'A.New York Court of Appeals · 1883
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