New York Court of Appeals
Smith H. Newman, Appellant v. the Board of Supervisors of Livingston County, Respondent
June 13, 187145 N.Y. 676
Summary
The Court held that the board of supervisors lacked jurisdiction to assess a returned tax against the plaintiff and that an action for money had and received lies against the county for money collected from an illegal tax; consequently the plaintiff's claim was allowed and the lower court's judgment for the defendant was reversed.