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1 Henry L. Hinckley and Frederick T. Barto, Plaintiffs against Horace G. Cooper, Defendant 1880

handle is hein.trials/abdh0001 and id is 1 raw text is: SUPREME COURT. SUPREME COURT. HENRY L. HINCKLEY, ET. AL. AGAINST POINTS OF PLAINTIFF. HORACE G. COOPER. J This is a controversy submitted without action under § 1279-1281, of The Code of Civil Procedure. The facts are set forth in the case (fol. 10-26), and the ques- tion involved, is the sufficiency of an affidavit, (fol. 13- 17), made by the Town Assessors of Ulysses to the assess- ment Roll of 1879, the plaintiff claiming that it is not such a compliance with the Statutory requirement as to confer any jurisdiction upon the Supervisors of Tompkins County, (of whom the defendant was one), to levy a tax thereunder, or to protect them in issuing their warrant for the collection thereof. POINT I. The affidavit (fol. 14), follows the statutory form to and including the words decided to be the, and then the word assessed is substituted for full and true, and the words and at which they would ap- praise the same in payment of a just debt due from a solvent debtor are wholly omitted. Then the affidavit follows the statute to and including the words taxation at the where the words full and true are omitted, and in the last line the word knowledge is substituted for judgment.

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