Lee v. Parry
New York Supreme Court
Error to the Onondaga common pleas. Lee sued Parry in a justice’s court in February, 1845, in trespass de bonis asportatis. Plea not guilty. The property was taken and sold on a warrant signed by the defendant and one Olcott, as trustees of a school district, for a tax against the defendant.
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Error to the Onondaga common pleas. Lee sued Parry in a justice’s court in February, 1845, in trespass de bonis asportatis. Plea not guilty. The property was taken and sold on a warrant signed by the defendant and one Olcott, as trustees of a school district, for a tax against the defendant. On the 7th of October, 1844, a district meeting had voted that five cords of wood for the school house should be procured and paid for by a tax on the district; and a tax list and the warrant referred to were made out for that tax, the plaintiff, a taxable inhabitant of the district, being assessed $1,18.…
1Opinion of the Court
By the Court, Beardsley, J.
Upon this return there is no room to contend that this tax was assessed and apportioned upon the district by the three trustees, or by two of the three when they were all together. It seems to have been, substantially, the act of the defendant and the collector; but if it were granted that the signing of the warrant by the defendant and Olcott, when together, made the assessment their act, as' well as the warrant, still this would not aid the case, for the other trustee had not seen the warrant or been at all consulted on the subject. I see no way to avoid this…
2Cited by9 opinions
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- Keeler v. Frost & WordenNew York Supreme Court · 1856
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- Thomas v. ClappNew York Supreme Court · 1855
- Stewart v. County Court of Monongalia CountyWest Virginia Supreme Court · 1925
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