Brown v. Smith
New York Supreme Court
APPEAL from a judgment of the Herkimer county court. -HL The action was brought by the plaintiff against the defendants, who were the assessors of. the town of Plainfield in the county of Otsego, for wrongfully and unlawfully assessing or causing to be assessed the lands of the plaintiff, whereby and in consequence whereof the plaintiff was obliged to pay an illegal tax of about $12. The action was commenced by warrant issued by a justice of the peace of the town of…
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APPEAL from a judgment of the Herkimer county court. -HL The action was brought by the plaintiff against the defendants, who were the assessors of. the town of Plainfield in the county of Otsego, for wrongfully and unlawfully assessing or causing to be assessed the lands of the plaintiff, whereby and in consequence whereof the plaintiff was obliged to pay an illegal tax of about $12. The action was commenced by warrant issued by a justice of the peace of the town of Winfield, Herkimer county, and was tried in that town. The complaint alleged that the defendants were residents and assessors of…
1Opinion of the CourtBacon, J.
The important question in this case is whether the defendants were not entitled to the protection of the statute which required the suit to be brought within their own county. And this depends upon the question whether the act, to wit, the assessment of the plaintiff’s lands, was an act done virtute officii or colore officii. Where the act of an officer is of such a nature that.his office gives him no authority to do it, he is not protected; but where, in performing an act within the scope of his authority, he commits an error, or- even abuses the confidence which the law reposes in him, he…
2Cases cited4 opinions
- Weaver v. DevendorfNew York Supreme Court · 1846
- Prosser v. SecorNew York Supreme Court · 1849
- Vail v. OwenNew York Supreme Court · 1854
- Van Rensselaer v. WitbeckNew York Supreme Court · 1849
3Cited by15 opinions
- Wall v. TrumbullMichigan Supreme Court · 1867
- Barhyte v. . ShepherdNew York Court of Appeals · 1866
- Dorn v. . FoxNew York Court of Appeals · 1874
- Huber v. WannerNorth Dakota Supreme Court · 1932
- Murphy v. CallanAppellate Division of the Supreme Court of the State of New York · 1902
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