Thomas v. Leland
New York Supreme Court
Constitutionality of a statute. The plaintiff declared against J. D. Lelánd, H. Shays, Gr. Langford and S. M. Mason, in trespass : the first count being in trespass quare clausum fregit, and taking and carrying away his goods, and the second in trespass de bonis * asportatis. The three first named defendants justified, that they as commissioners for assessing and levying a tax on the city of Utica, in pursuance of an act of the legislature, passed 11th May, 1835, (vid.
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Constitutionality of a statute. The plaintiff declared against J. D. Lelánd, H. Shays, Gr. Langford and S. M. Mason, in trespass : the first count being in trespass quare clausum fregit, and taking and carrying away his goods, and the second in trespass de bonis * asportatis. The three first named defendants justified, that they as commissioners for assessing and levying a tax on the city of Utica, in pursuance of an act of the legislature, passed 11th May, 1835, (vid. Statutes of 1835, p. 35,) assessed the sum of *$278, on certain real estate in the city of Utica, of [ *66 } which the…
1Opinion of the Court
By the Court,
Cowen, J.
It is objected by the counsel for the plaintiff, first, that the statute of 1835 sought to take the plaintiff’s property without his consent, and appropriate it to the payment of a private debt due from others; and that such a statute is unconstitutional and void. The consequence is not denied by the counsel for the defendants, who insists that the statute is, in effect, no more than any of our ordinary acts imposing local taxes for local improvements of a public character, such as highways and bridges. The object of the statute, and the share of individual or public…
2Cited by50 opinions
- People ex rel. Detroit & Howell Railroad v. Township BoardMichigan Supreme Court · 1870
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- Genet v. . City of BrooklynNew York Court of Appeals · 1885
- Bank of Rome v. . the Village of RomeNew York Court of Appeals · 1858
- People ex rel. Blanding v. BurrCalifornia Supreme Court · 1859
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