Morton v. . Horton
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 31, 1905, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in finding as a conclusion of law that publication of the notice of sale in the “supplement” was invalid.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 31, 1905, affirming a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in finding as a conclusion of law that publication of the notice of sale in the “supplement” was invalid. (L. 1896, ch. 908, § 151.) The learned trial judge erred in interpolating into the statute a provision that it does not need. (L. 1855, ch. 427, § 34;…
1Opinion of the CourtWebneb, J.
This action was brought to procure the annulment of a tax sale upon the ground that it was illegal and void. The complaint assigns no specific ground of illegality, but the proof relied upon to support the general charge is that the notice of the tax sale was published in a so-called supplement of a newspaper and not in the body thereof. The learned trial court held that the publication was not sufficient and that the sale was void. At the Appellate Division the judgment entered upon that decision was unanimously affirmed, and the case is now before us upon the narrow question whether a…
2Cited by6 opinions
- In re the Estate HerleNew York Surrogate's Court · 1937
- Sheldon v. RussellNew York Supreme Court · 1915
- Sherman v. Hibernia Savings & Loan SocietyCalifornia Court of Appeal · 1933
- City of New York v. EveryAppellate Division of the Supreme Court of the State of New York · 1931
- Penaat v. TerwilligerCalifornia Supreme Court · 1944
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