Legal Opinion

Ring v. Grout

New York Supreme Court

Decided July 15, 1831Published

Error from the Monroe common pleas. Ring sued Grout before a justice, and declared against him in trespass for taking certain goods and chattels; the defendant pleaded, acknowledging the taking of the property, and justified by authority of a warrant issued by the trustees of school district No 1. in the town of Ogden, to him directed as collector of the district.

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Error from the Monroe common pleas. Ring sued Grout before a justice, and declared against him in trespass for taking certain goods and chattels; the defendant pleaded, acknowledging the taking of the property, and justified by authority of a warrant issued by the trustees of school district No 1. in the town of Ogden, to him directed as collector of the district. The justice rendered judgment in favor of the defendant for costs, and the plaintiff appealed to the Monroe common pleas. On the trial in that court, the defendant produced a warrant, directed to the collector of school district No.…

1Opinion of the Court

By the Court,

Sutherland, J.*

I am inclined to think the court below were substantially correct in all the decisions to which the plaintiff excepted.

The variance between the warrant produced and that described in the plea was not, under the circumstances of the case, material. The plea described the warrant as having been issued by the trustees of school district No. I. in the town of Ogden, and directed to the defendant as collector of said district; whereas the district was in fact district No. 1, in Ogden and Parma, and was directed to the defendant as collector of such district. It was…

2Cases cited2 opinions

  1. Wilcox v. SmithNew York Supreme Court · 1830
  2. Van Alstyne v. DearbornNew York Supreme Court · 1829

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