Wheeler v. Anthony
New York Supreme Court
Error from the Saratoga common pleas. Wheeler sued Anthony in trespass, for talcing and selling a cow. Anthony justified as collector of a school district; he produced a tax list, made out by the trustees of the district, in which, in the column of names of the taxable inhabitants of the district, was an entry in these words: “ The widow and heirs of Zopher S. Wheeler, desceasedand opposite to such entry there was an amount of real property set down at $2000, and an amount…
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Error from the Saratoga common pleas. Wheeler sued Anthony in trespass, for talcing and selling a cow. Anthony justified as collector of a school district; he produced a tax list, made out by the trustees of the district, in which, in the column of names of the taxable inhabitants of the district, was an entry in these words: “ The widow and heirs of Zopher S. Wheeler, desceasedand opposite to such entry there was an amount of real property set down at $2000, and an amount of tax at $14. The defendant also produced a warrant commanding him to levy the sum of $14, of “ the widow and heirs of…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The statute prescribing the duties of trustees of school districts, directs them, among other things, “ to make out a tax list of every district tax voted by any such meeting, containing the names of all the taxable inhabitants residing in the district .at the time of making out the list, and the amount of tax payable by each inhabitant, set opposite to his name “ to make out a rate bill, containing the name of each person so liable,” &c. 1 R. S. 481, § 75, sub. 3 and 13, and to issue a warrant, which “shall command the collector to collect from every person in such…
2Cited by16 opinions
- State ex rel. Gracy v. Bank of NeoshoSupreme Court of Missouri · 1894
- Lyon v. HuntSupreme Court of Alabama · 1847
- Cruger v. . DoughertyNew York Court of Appeals · 1870
- Carr v. State ex rel. CottinghamIndiana Supreme Court · 1885
- Miller v. BrooksSupreme Court of Georgia · 1904
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