Legal Opinion

Stevens v. Newcomb & Fellows

New York Supreme Court

Decided May 15, 1847PublishedCited by 1 opinion

Error to Onondaga O. P. Stevens sued Fellows and Newcomb before a justice, in June, 1845, and declared in- trespass for taking and selling his cows.

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Error to Onondaga O. P. Stevens sued Fellows and Newcomb before a justice, in June, 1845, and declared in- trespass for taking and selling his cows. The defendants were trustees of joint school district No. 10 in the town's of Clay and Lysander, which,' as they alleged, had been formed on the 4th day of April, 1845, by uniting district No. 10 in Clay, with district No. 15 in Lysander,' A tax was voted by the new join,' district to repair the school house and build a wood house: the defendants, as trustees, issued a warrant for the collection of the tax, by virtue of which the cows in question…

1Per curiam

None of the objections to the order forming the joint district were well taken. It will be presumed that the officers who signed the order were together at the time, until the contrary appears : and the order was valid, though it had only been recorded in one of the towns.

It was not necessary to go through all the steps to show that the original districts—No. 10, Clay, and No. 15, Lysander— had been duly organized. It was enough to show that they had in fact been organized, and had acted as regular school districts for several years before they were united in 1845. No one would dare to act as…

2Cases cited1 opinion

  1. Reynolds v. MooreNew York Supreme Court · 1832

3Cited by1 opinion

  1. Campbell v. . PerkinsNew York Court of Appeals · 1853

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