Clarke v. Town of Northampton
U.S. Circuit Court for the District of Northern New York
Action at Law. Tried by the court, a jury having been waived by written stipulation.
1Opinion of the Court
COXE, District Judge.
This is an action to recover $2,912, with interest, upon coupon's cut from bonds, purporting to he issued by the *313defendant in the year 1872. The petition presented to the county judge stated that the petitioners were a majority of the taxpayers of the town of Northampton, hut omitted the language of the act of 1871 — “not including those taxed for dogs or highway tax only.”
The case of Rich v. Town of Mentz, 134 U. S. 632, 10 Sup. Ct. 610, 33 L. Ed. 1074, is authority for the proposition that this omission renders the entire proceeding coram non judice, null and void. It…
2Cases cited13 opinions
- Evansville v. DennettSupreme Court of the United States · 1896
- Anderson County Commissioners v. BealSupreme Court of the United States · 1885
- Town of Mentz v. . CookNew York Court of Appeals · 1888
- Orleans v. PlattSupreme Court of the United States · 1879
- Hughes County v. LivingstonCourt of Appeals for the Eighth Circuit · 1900
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