Haley v. Whitney
New York Supreme Court
Appeal from a judgment of the Wayne county court affirming a justice’s judgment in an action for the conversion of personal property. The defendant was a trustee of a school-district situated in the county of Wayne, and the plaintiff was a tax-payer residing therein.
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Appeal from a judgment of the Wayne county court affirming a justice’s judgment in an action for the conversion of personal property. The defendant was a trustee of a school-district situated in the county of Wayne, and the plaintiff was a tax-payer residing therein. The defendant, acting in his capacity as trustee, on the 14th day of November, 1885, laid a tax upon the taxable property within the school-district for the total amount of $150.12, of which sum $6.30 was assessed upon the plaintiff’s property. The heading or caption of the tax-list was in the following form, viz.: “List of taxes…
1Opinion of the CourtBarker, P. J.
I am of the opinion that the justice was correct in holding, upon the undisputed facts of the case, that the defendant was a trespasser; and that the county court properly affirmed the judgment. In reaching this conclusion it is necessary to sustain the legal proposition asserted by the plaintiff that the defendant, in levying the tax upon the plaintiff’s property, and issuing the warrant for its collection, acted without jurisdiction over the subject-matter. This proposition of law must rest for its support upon the fact that the defendant included in the tax, as laid, the item of $48, being…
2Cases cited10 opinions
- Robinson v. . ChamberlainNew York Court of Appeals · 1866
- National Bank of Chemung v. City of ElmiraNew York Court of Appeals · 1873
- Barhyte v. . ShepherdNew York Court of Appeals · 1866
- The Rochester White Lead Co. v. . the City of RochesterNew York Court of Appeals · 1850
- Parish v. . GoldenNew York Court of Appeals · 1866
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