People Ex Rel. Pells v. Board of Supervisors
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing an order of Special Term which directed a peremptory mandamus to issue requiring defendant to refund to the relator an amount specified on account of illegal and erroneous assessments. (Reported below, 63 Barb., 83.) The facts appear sufficiently in the opinion. The relator was entitled to relief by mandamus.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, reversing an order of Special Term which directed a peremptory mandamus to issue requiring defendant to refund to the relator an amount specified on account of illegal and erroneous assessments. (Reported below, 63 Barb., 83.) The facts appear sufficiently in the opinion. The relator was entitled to relief by mandamus. (1 Kent’s Com., 455; Dwar. on Stat., 734; 9 Law Lib., 67.) The act of 1871, chapter 695, applied to rights existing at the time of its passage. (Brewster v. Brewster, 32 Barb., 428; 1…
1Opinion of the Court
Reynolds, C.
By chapter 695 of the Laws of 1871, it was substantially enacted that the board of supervisors of any county, except 27ew York and Kings, might, by a vote of two-thirds of the members elected thereto, among other things, upon the recommendation of the County Court of the county, correct any manifest clerical or other error in any assessments or returns made by any town officer to such board of supervisors, or which shall properly come before such board of supervisors for their action, confirmation or review; and upon the order of such court, made on application of the person…
2Cases cited1 opinion
- Foster v. President of the Essex BankMassachusetts Supreme Judicial Court · 1819
3Cited by21 opinions
- Jacobus v. . ColgateNew York Court of Appeals · 1916
- Hermance v. Board of SupervisorsNew York Court of Appeals · 1877
- LaBello v. Albany Medical Center HospitalNew York Court of Appeals · 1995
- Larkin v. SaffaransDistrict Court, W.D. Tennessee · 1883
- In re the Buffalo Mutual Gas Light Co.New York Court of Appeals · 1894
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