Johnson v. Learn
New York Supreme Court
APPEAL from a judgment of the Cattaraugus county court, reversing the judgment of a justice of the peace. On the trial of the action, it appeared that the plaintiff was a resident of the town of Ellicottville, and was the owner of a certain farm known as lot No. 48, in the town of Humphrey in the same county; that one Baxter, who resided on a place adjoining lot 48, put in and harvested a crop of oats on that lot in 1856, and in the summer of 1857 cut and put into the barn…
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APPEAL from a judgment of the Cattaraugus county court, reversing the judgment of a justice of the peace. On the trial of the action, it appeared that the plaintiff was a resident of the town of Ellicottville, and was the owner of a certain farm known as lot No. 48, in the town of Humphrey in the same county; that one Baxter, who resided on a place adjoining lot 48, put in and harvested a crop of oats on that lot in 1856, and in the summer of 1857 cut and put into the barn the hay on the place, and during both seasons had charge of the lot, “to keep off cattle," &c., and that'he was employed…
1Opinion of the Court
By the Court, Davis, J.
The defendant was cbllector of taxes of the town of Humphrey. He seized and sold the plaintiff’s property by virtue of a warrant issued to him by the supervisors of Cattaraugus county. It is now settled by Van Rensselaer v. Witbeck, (3 Seld. 517,) that the warrant and assessment roll to which it is annexed, constitute one process, and a fatal defect appearing upon the face of either renders both void and the collector a trespasser; but it is equally well settled that if the process be regular on its face, or “ in due form,” it fully protects the officer executing it,…
2Cases cited4 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- The New-York & Harlem Railroad v. LyonNew York Supreme Court · 1853
- Van Rensselaer v. CottrellNew York Supreme Court · 1849
- Patchin v. RitterNew York Supreme Court · 1858
3Cited by3 opinions
- Bennett v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1899
- Butler v. City of OswegoNew York Supreme Court · 1890
- Butler v. City of OswegoNew York Supreme Court · 1890