Myer v. Crispell
New York Supreme Court
THESE are appeals by the plaintiffs from judgments of the county court of Ulster county, reversing judgments rendered for the plaintiffs respectively, before a justice of the peace. The suits were brought to recover the value of wagons sold by order of the defendants as trustees of school district No. 6, in the town of Hurley, for the non-payment of a tax imposed for the erection of a new school house.
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THESE are appeals by the plaintiffs from judgments of the county court of Ulster county, reversing judgments rendered for the plaintiffs respectively, before a justice of the peace. The suits were brought to recover the value of wagons sold by order of the defendants as trustees of school district No. 6, in the town of Hurley, for the non-payment of a tax imposed for the erection of a new school house. The plaintiffs succeeded before the justice, on account of alleged defects and errors in the proceedings which led to the imposition of the tax. The facts, so far as they are important to an…
1Opinion of the Court
By the Court, Hogeboom, J.
The plaintiff assails the validity of the defendant’s proceedings on two grounds: 1. That the defendants were not trustees. 2. That the tax was unlawfully laid, and principally for the reason that a larger tax was collected than was authorized by a vote of the district. In Myer’s case a third ground is added, that the land on account of which the tax was imposed, was not taxable in the district in which the school house was situated.
1. It is claimed that the defendants were not legally trustees, because chosen at a meeting of the inhabitants of the district, held…
2Cases cited1 opinion
- Reynolds v. MooreNew York Supreme Court · 1832
3Cited by2 opinions
- Hammond v. SollidaySupreme Court of Colorado · 1885
- De Wolf v. WattersonNew York Supreme Court · 1885