People ex rel. New York Central & Hudson River Railroad v. Priest
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme ■ Court in the first judicial department, entered October 30, 1901, which reversed an order of Special Term quashing a writ of certiorari theretofore issued to review the action of the defendants in assessing the relator’s franchise. The facts, so far as material, and the questions certified are stated in the opinion. The assessment was made by the state board of tax commissioners.
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Appeal, by permission, from an order of the Appellate Division of the Supreme ■ Court in the first judicial department, entered October 30, 1901, which reversed an order of Special Term quashing a writ of certiorari theretofore issued to review the action of the defendants in assessing the relator’s franchise. The facts, so far as material, and the questions certified are stated in the opinion. The assessment was made by the state board of tax commissioners. (L. 1900, ch. 254, §§ 42, 44, 45.) The assessment was made at the office of the state board in the capítol at Albany. (People ex rel. v.…
1Opinion of the CourtCollen, J.
The certiorari in this case was granted at a Special Terra of the Supreme Court in the city and county of Rew York, the part of the relator’s road assessed for special franchise being there situated, and was made returnable at a Special Term to be held in that county. Thereupon the appellants moved to quash the writ on two grounds : First, that the writ could be allowed only at a Special Term or by a justice of the Supreme Court in the third judicial district; second, that the writ should have been made returnable in that district. This motion was granted by the Special Term and the writ…
2Cases cited1 opinion
- People ex rel. Caldwell v. KellyNew York Supreme Court · 1862
3Cited by5 opinions
- Avon Dairies, Inc. v. Du MondAppellate Division of the Supreme Court of the State of New York · 1952
- People ex rel. New England Telegraph Co. v. WoodburyNew York Supreme Court · 1909
- Proskin v. County CourtAppellate Division of the Supreme Court of the State of New York · 1971
- Caparco v. KaplanNew York Supreme Court · 1962
- People ex rel. City of New York v. NevilleAppellate Division of the Supreme Court of the State of New York · 1918