Reports of Cases Argued and Determined in the Supreme Court of the State of New York, Том 5Banks & Bros., 1872 |
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Страница 61
... warrant to collect a tax assessed for school purposes in his district . - Held , that the collector was an officer de facto , and that the trustee was not liable for his acts in enforcing the warrant . THIS was an appeal by the ...
... warrant to collect a tax assessed for school purposes in his district . - Held , that the collector was an officer de facto , and that the trustee was not liable for his acts in enforcing the warrant . THIS was an appeal by the ...
Страница 62
... warrant for the collection of the tax so assessed to said Munger , so as aforesaid appointed collector , and by virtue thereof he ( the said Munger ) seized and sold a yoke of oxen belonging to the plaintiff for $ 75 . The plaintiff was ...
... warrant for the collection of the tax so assessed to said Munger , so as aforesaid appointed collector , and by virtue thereof he ( the said Munger ) seized and sold a yoke of oxen belonging to the plaintiff for $ 75 . The plaintiff was ...
Страница 63
... warrant issued by him was put into the hands of a person filling the office of collector of the district . The rule is , that the delivery to an officer de facto is enough , as the acts of an officer de facto are valid as to the public ...
... warrant issued by him was put into the hands of a person filling the office of collector of the district . The rule is , that the delivery to an officer de facto is enough , as the acts of an officer de facto are valid as to the public ...
Страница 64
... warrant was delivered for service was not autho- rized to execute it . Enough being shown to constitute him an officer de facto , he was in law and in fact capable of making the service as to all the world besides himself . He was none ...
... warrant was delivered for service was not autho- rized to execute it . Enough being shown to constitute him an officer de facto , he was in law and in fact capable of making the service as to all the world besides himself . He was none ...
Страница 65
... warrant issued by the selectmen of the town to collect a highway tax assessed upon the plaintiff . The town had elected a sur- veyor , whose duty it was to enforce such warrants . He refused to give the selectmen a receipt for the warrant ...
... warrant issued by the selectmen of the town to collect a highway tax assessed upon the plaintiff . The town had elected a sur- veyor , whose duty it was to enforce such warrants . He refused to give the selectmen a receipt for the warrant ...
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action was brought affirmed Albany alleged amendment appear applied arrest assessment authority Barb bonds canal certiorari charge cited City of Lockport claim commissioners common council complaint contract Cortland county counsel County Court county judge court of equity damages deceased defendant defendant's election entitled error evidence ex rel execution fact favor Gallupville ground held highway indictment injury Insurance issue JOHNSON and TALCOTT judgment jurisdiction jury justice land LANSING VOL liable lien ment mortgage nonsuit notice officer opinion owner paid PARKER party payment Penn Yan person petition plaintiff Porter possession premises Present-MILLER Present-MULLIN proceedings proof purchase question Railroad Company received recover referee refused repair respondent rule sheriff statute statute of frauds statute of limitations tax-payers testator testimony thereof THIRD DEPARTMENT tion town Town of Homer town of Solon trial trustees void vote warrant Wend witness Woodbeck
Популарни одломци
Страница 519 - ... whenever any proceeding taken by a party fails to conform in any respect to the provisions of this code, the court may, in like manner, and upon like terms, permit an amendment of such proceeding, so as to make it conformable thereto.
Страница 491 - The maintaining or educating, or the giving of money to a child, without a view to a portion or settlement in life, shall not be deemed an advancement...
Страница 93 - ... he has read the foregoing petition and knows the contents thereof; that the same is true of his own knowledge, except as to matters therein stated to be alleged upon information and belief, and that as to those matters he believes it to be true.
Страница 490 - ... had died intestate, and shall be entitled to recover the same portion from the devisees and legatees, in proportion to and out of the parts devised and bequeathed to them by such will.
Страница 4 - But no person shall hold the office of justice or judge of any court longer than until and including the last day of December next, after he shall be seventy years of age.
Страница 519 - ... it upon the other, or to do any other act, necessary to perfect the appeal, or to stay the execution of the judgment or order appealed from...
Страница 335 - ... person so charged shall, at his own request, but not otherwise, be deemed a competent witness; and his neglect or refusal to testify shall not create any presumption against him.
Страница 178 - The theory of amendments, made in the form adopted in the present instance, \ve take to be this : The portions of the section which are repeated are to be considered as having been the law from the time they were first enacted, and the new provisions are to be understood as enacted at the time the amended act took effect.
Страница 455 - ... die before the expiration of the time limited for the commencement thereof, and the cause of action survive, an action may be commenced by his representatives, after the expiration of that time and within one year from his death.
Страница 454 - The time of such disability is not a part of the time limited for the commencement of the action, except that the period, within which the action must be brought, cannot be extended more than five years, by any such disability, except infancy, nor can it be so extended in any case longer than one year after the disability ceases.