Peirson v. . Supervisors of Wayne County
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered September 21, 1895, affirming a judgment entered upon a decision of the court on trial at Special Term.
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Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered September 21, 1895, affirming a judgment entered upon a decision of the court on trial at Special Term. This action was commenced in January, 1887, to recover the sum of $9,213.38, the amount of taxes levied and collected from the Sodus Point and Southern Railroad Company, in the town of Arcadia, from 1872 to 1886, inclusive, and paid to the county treasurer of Wayne county, and also to require him to comply with the provisions of the Railroad Act, as amended by chapter 283 of the…
1Opinion of the CourtMartin, J.
There are but two questions that require consideration on this appeal: 1. Whether the court properly-held that the six years’ Statute of Limitations was applicable in this case; and, 2. Whether it properly deducted from the railroad taxes collected each year the portion thereof which was paid over to the town.
In. examining the first question, it is to be observed that there were two distinct and independent remedies for the enforcement of the rights which are conferred by the Kailroad Act. One was by the special statutory proceeding provided for by that act. The other was by an action for…
2Cases cited8 opinions
- Chapman v. . ForbesNew York Court of Appeals · 1890
- Roberts v. . ElyNew York Court of Appeals · 1889
- Strough v. Board of Supervisors of Jefferson CountyNew York Court of Appeals · 1890
- Kilbourne v. Board of SupervisorsNew York Court of Appeals · 1893
- Clark v. . SheldonNew York Court of Appeals · 1892
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3Cited by2 opinions
- Board of Education v. RettaliataNew York Court of Appeals · 1991
- Board of Education of the Cold Spring Harbor Central School District v. RettaliataAppellate Division of the Supreme Court of the State of New York · 1990