22 Barb. 400 | N.Y. Sup. Ct. | 1856
The county court erred in holding this a valid assessment. It was made by two of the trustees, the third not meeting with them and not being notified. The statute requires the trustees to apportion the tax. (Laws of 1847, ch. 480, p. 701, § 85.) The common law doctrine is, that when a power, authority or duty is confided by law to three or more persons, or whenever three or more persons or .officers are authorized or required by law to perform any act, such act may be done, and such power, authority or duty may • be exercised and performed, by a majority of such persons or officers, upon a meeting of all the persons or officers so intrusted or empowered, unless special provision is otherwise made. (4 Denio, 125. 21 Wend. 211. 23 id. 324. 7 Cowen, 526. 1 id. 238. 3 Denio, 252, 253. 1 Bos. Pul. 236. 3 T. R. 592. 6 John. 41. 7 Cowen, 526.) This rule of the common law has, in this state, become the statute law. (2 R. S. 555,
It follows, therefore, that this assessment Was wholly illegal, and the defendants were in fact trespassers in issuing their warrant and seizing and selling the plaintiff’s property.. The judgment of the county court must be reversed, and that of the justice affirmed.
Gray, Shankland and Mason, Justices.]