Reynolds v. Moore
New York Supreme Court
Error from the Orange common pleas. Reynolds sued Moore in trespass for taking a yoke of cattle. Moore justified the taking as collector of a school district, under a warrant issued by trustees for levying of a school district tax. The district was formed in March, 1828, from four districts; two in Walkill and two in Crawford; the record of its formation particularly described the lands of several persons as included within its bounds.
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Error from the Orange common pleas. Reynolds sued Moore in trespass for taking a yoke of cattle. Moore justified the taking as collector of a school district, under a warrant issued by trustees for levying of a school district tax. The district was formed in March, 1828, from four districts; two in Walkill and two in Crawford; the record of its formation particularly described the lands of several persons as included within its bounds. The plaintiff offered to prove that the trustees of one of the districts in Walkill, from which the district in question was in part formed, did not consent to…
1Opinion of the Court
*36 By the Court,
Sutherland, J.
The new district was a district defacto. It had organized, chosen its officers, levied a tax, and a warrant had been issued for its collection. The trustees who issued the warrant were officers defacto, and the warrant was regular upon the face of it. This is sufficient to protect the officer. Whether all the forms prescribed by the statute in organizing the district, or in its subsequent proceedings, had been complied with, is not a matter to be inquired into between these parties. This is fully established by the cases of Savacool v. Bonghton, 5 Wend. 170; Wilcox…
2Cases cited1 opinion
- Savacool v. BoughtonNew York Supreme Court · 1830
3Cited by3 opinions
- Myer v. CrispellNew York Supreme Court · 1858
- Stevens v. Newcomb & FellowsNew York Supreme Court · 1847
- De Wolf v. WattersonNew York Supreme Court · 1885