Frederick v. Dorn
Appellate Division of the Supreme Court of the State of New York
’• Appeal by the defendant, Albert Dorn, from a judgment of The County Court of Fulton county in favor of the plaintiff, entéred in the office of the clerk of the county of Fulton on the 15th day of April, 190Í, upon the decision of the court rendered after a trial before the court without a jury.' The action was originally brought, in the court of a justice of the ■peace where the plaintiff recovered.
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’• Appeal by the defendant, Albert Dorn, from a judgment of The County Court of Fulton county in favor of the plaintiff, entéred in the office of the clerk of the county of Fulton on the 15th day of April, 190Í, upon the decision of the court rendered after a trial before the court without a jury.' The action was originally brought, in the court of a justice of the ■peace where the plaintiff recovered. The defendant appealed to the County Court and demanded a new trial. ■ '• The ■ action is for trespass in taking and converting certain ¡line lumber and'a wagon belonging to plaintiff. The…
1Opinion of the Court
Kellogg, J.:
If the tax warrant which defendant sought to enforce was void upon its face then-it is no protection to defendant. The'tax-warrant,'-When originally delivered to him in October, 1899, appears-.upon inspection to have been a- mandate to collect certain taxes-■therein named, and-- directed him “ to receive ” such, taxes from the various' persons “ as may be voluntarily paid, to yon for two successive weeks after the delivery to you of this warrant, together with*99one cent on each dollar thereof for your fees, and after the expiration of the time above mentioned, to proceed forthwith…
2Cases cited1 opinion
- Stroud v. ButlerNew York Supreme Court · 1854
3Cited by1 opinion
- In Re Supplementary Proceedings for the Collection of a Tax From L. Adler Bros. & Co.New York Court of Appeals · 1903