Thorne v. Cramer
New York Supreme Court
Appeal by the defendants from a judgment rendered against them at a special term, after a trial at the circuit before Justice Barculo, without a jury; the parties having waived a jury. The action was brought against the defendants to recover damages for taking and selling and converting to their own use two cows belonging to the plaintiff.
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Appeal by the defendants from a judgment rendered against them at a special term, after a trial at the circuit before Justice Barculo, without a jury; the parties having waived a jury. The action was brought against the defendants to recover damages for taking and selling and converting to their own use two cows belonging to the plaintiff. The defendants justified the taking as trustees of a school district in Pleasant Yallcy, Dutchess (») See the next case, Bradley v. Baxter and others. The same principle was established by the court of appeals, in Bario v. Hinvrod and others, at the July…
1Opinion of the Court
By the Court, Barculo, J.
The sole point involved in the decision of this case, is, the validity of the act establishing free schools throughout the state, which is found among the laws of 1849, on page 192. The question arises upon the tenth and succeeding sections, which provide that the “ electors shall determine by ballot, at the annual election to be held in November next, whether this act shall, or not, become a law;” and, after giving detailed directions as to the mode of preparing and depositing the ballots, concludes in the 14th section, by declaring that, “ In case a majority of all…
2Cases cited1 opinion
- People ex rel. Fountain v. Board of SupervisorsNew York Supreme Court · 1848
3Cited by19 opinions
- In Re Proving the Last Will & Testament of KennedyNew York Court of Appeals · 1901
- Santo v. StateSupreme Court of Iowa · 1855
- Ex parte WallCalifornia Supreme Court · 1874
- Groesch v. StateIndiana Supreme Court · 1873
- Stanton v. . Board of SupervisorsNew York Court of Appeals · 1908
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