Sheldon v. . Van Buskirk
New York Court of Appeals
John Sheldon sued Lawrence Van Buskirk in a justice’s court of the county of Cortland, in trespass for entering his close and taking and selling a number of sheep.
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John Sheldon sued Lawrence Van Buskirk in a justice’s court of the county of Cortland, in trespass for entering his close and taking and selling a number of sheep. The defendant was collector of the town of Preble, in that county, and justified under a warrant held by him for the collection of a tax against Thomas Sheldon, who was the plaintiff’s son and resided on the same farm with him: The warrant was intro- duced in evidence by the defendant, under objection made by the plaintiff and was in the following form: “State of New-York, Cortland county, ss. To Lawrence Van Buskirk, collector of…
1Opinion of the CourtRuggles, J.
Van Buskirk, the collector, who was the defendant in the justice’s court, was bound to prove on the trial, for the purpose of justifying himself in levying on and selling the property in question, that he acted under a lawful warrant issued by persons clothed with competent authority for that purpose. He produced a warrant under the hands and seals of the twelve supervisors of the county, but the name of their office was not annexed to their signatures, or otherwise expressed in . direct terms on the face of the warrant. It appeared, however, on its face, to be for the collection of the taxes…
2Cases cited3 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Elliot v. Cronk'sNew York Supreme Court · 1834
- State ex rel. Dyer v. TwichellWashington Supreme Court · 1892
3Cited by18 opinions
- Hodge v. Muscatine CountySupreme Court of the United States · 1905
- Hodge v. Muscatine CountySupreme Court of Iowa · 1903
- Hersee v. . PorterNew York Court of Appeals · 1885
- Woolsey v. . MorrisNew York Court of Appeals · 1884
- Minneapolis & Northern Elevator Co. v. Traill CountyNorth Dakota Supreme Court · 1900
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