Ward v. Aylesworth
New York Supreme Court
Tins was an action of trespass de bonis asportatis, tried at the Steuben circuit in November, 1830, before the Hon. Samuel Nelson, then one of the circuit judges. The defendant as the collector of a common school district number seven, in the town of Starkey, in the county of Yates, levied upon a yoke of oxen, belonging to the plaintiff, by virtue of a warrant from the trustees of the district, to satisfy a school bill of $7,62, due from the plaintiff for teacher’s wages.
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Tins was an action of trespass de bonis asportatis, tried at the Steuben circuit in November, 1830, before the Hon. Samuel Nelson, then one of the circuit judges. The defendant as the collector of a common school district number seven, in the town of Starkey, in the county of Yates, levied upon a yoke of oxen, belonging to the plaintiff, by virtue of a warrant from the trustees of the district, to satisfy a school bill of $7,62, due from the plaintiff for teacher’s wages. The plaintiff’s farm is intersected by the division line between the counties of Yates and Steuben ; the buildings upon it…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The only question necessary to be discussed is, whether the defendant was justified in levying on the cattle while in the county of Steuben. There was some reason to think that no positive levy had been made until the cattle had been driven, in their course, to the barn of the plaintiff, within the bounds of the county of Yates, as the plaintiff then inquired whether the defendant was in earnest, implying a doubt in his own mind on that subject; but the jury have settled that question. The judge refused evidence of the fact that the county line had been in dispute j…
2Cited by1 opinion
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