People Ex Rel. Edison Electric Illuminating Co. v. Barker
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made April 18, 1893., which affirmed an order of Special Term dismissing a writ, of certiorari. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The papers upon which . the writ was granted can be considered as establishing as facts ■such matters as are admitted, of as to which the return is silent.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made April 18, 1893., which affirmed an order of Special Term dismissing a writ, of certiorari. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The papers upon which . the writ was granted can be considered as establishing as facts ■such matters as are admitted, of as to which the return is silent. (People v. Comrs., 106 N. Y. 64; People v. Dains, 38 Hun, 43, 46.) The uncontradicted and unquestioned evi■dence of the relator is conclusive upon the…
1Opinion of the CourtPeckham, J.
The relator is a corporation, organized under the laws of the state of Xew York, and doing business in the city of Xew York. The defendants are the commissioners of taxes in that city, and, as such, they assessed the relator on the value of its personal property for the year 1892 at the sum of §4,500,000. This was the amount of its capital actually paid in and secured to be paid in. No deduction was made of the assessed value of any real estate paid for by the company, nor of the amount of its stock, if any, belonging to the state, or to-any literary or charitable institution, as provided for…
2Cases cited4 opinions
- Bank Tax CaseSupreme Court of the United States · 1865
- People Ex Rel. Union Trust Co. v. ColemanNew York Court of Appeals · 1891
- The People v. . Commissioners of Taxes and AssessmentsNew York Court of Appeals · 1861
- People Ex Rel. R., W. O.R.R. Co. v. . HicksNew York Court of Appeals · 1887
3Cited by30 opinions
- People Ex Rel. Manhattan Railway Co. v. BarkerNew York Court of Appeals · 1895
- People Ex Rel. Equitable Gas Light Co. v. BarkerNew York Court of Appeals · 1894
- People Ex Rel. Cornell Steamboat Co. v. DederickNew York Court of Appeals · 1900
- People Ex Rel. Edison General Electric Co. v. BarkerNew York Court of Appeals · 1894
- Continental Nat. Bank of Salt Lake City v. NaylorUtah Supreme Court · 1919
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