People Ex Rel. Burbank v. . Robinson
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court at Special Term. (Mem. of decision below, 14 Hun, 226.) The nature of the proceedings and the facts are set forth sufficiently in the opinion. The board of supervisors had power to provide a contingent fund for the payment of these unpaid non-resident taxes.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court at Special Term. (Mem. of decision below, 14 Hun, 226.) The nature of the proceedings and the facts are set forth sufficiently in the opinion. The board of supervisors had power to provide a contingent fund for the payment of these unpaid non-resident taxes. (1 R. S., § 4, pp. 339-340; Laws 1864, chap. 555, tit. 7, § 77.)
1Opinion of the CourtAndrews, J.
This proceeding was instituted by the relators, trustees of school district No 1 in the town of Middletown, Richmond county, against the defendant as county treasurer of that county, to obtain a mandamus compelling him to pay to the relators the sum of $1,388.52, for uncollected school taxes levied and assessed on lands of non-residents of that district, in the years 1874, 1875 and 1876. An alternative writ was granted, to which return was made and issue joined. The court found that the trustees of the district made returns for those years to the then county treasurer; that in March, .1877,…
2Cited by3 opinions
- Moses v. Board of EducationNew York Supreme Court · 1926
- Common School District No. 3 v. County of ChemungNew York Supreme Court · 1936
- Town of Amherst v. County of ErieNew York Court of Appeals · 1933