Download or read book Digest of Cases in Supreme Court and Court of Errors of the State of New York; with Cases of Superior Court for the City and County of New York Volume written by Thomas W. Clerke and published by Rarebooksclub.com. This book was released on 2013-09 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1850 edition. Excerpt: ...void. Upon demurrer, the court held, that the judgment was not so far void that the party could take advantage of it in a collateral action. It was only voidable, by plea or error. Butler v. Potter, 17 J. R. 145. Griffin v. Mitchell, 2 Cow. 548. 977. In trover for the value of goods levied upon and sold by the defendant by virtue of a warrant from the trustees-of a school district for collecting a tax voted by the freeholders and inhabitants of the district; and it appearing that the plaintiffs were not taxable in any degree, nor under any modification; the power of assessing the tax being expressly limited to the property of resident inhabitants of the school district, and it was admitted that the plaintiffs were not of that description. And the court held that the plaintiffs were entitled to judgment. Suydam v. Keys, 13 J. R. 444. 978. The court said that the authority of the trustees was special and limited; and in assuming a right to tax the plaintiffs they exceed the power vested in them by law. The rule is wisely settled, that in such cases the subordinate officer is bound to see that he acts within the scope of the legal powers of those who command him. lb. 979. Lawless power is never so dangerous as when exerted by public officers, according to the forms of law. The remedy for such abuses ought to be direct and ample. It is, therefore, insufficient to allow an action against the trustees only; they may be insolvent, or beyond the reach of process, while the officer, who is the immediate trespasser, is fully able to respond, lb. 980. An earlier case was distinguishable from the present case. That was an action of trespass against a collector for levying a distress for a tax on a theatre in New York; which had been assessed as a...