Pumpelly v. Village of Owego
New York Court of Appeals
Appeal from order of supreme court affirming an order of the special term, denying the relief demanded in the plaintiff’s complaint. On the 8th August, 1858, the plaintiff brought his action to restrain the defendant from collecting a tax assessed against him as one of the taxable inhabitants of the village of Owego, and also for an injunction to restrain the defendant from assessing, levying and collecting like taxes in the -future.
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Appeal from order of supreme court affirming an order of the special term, denying the relief demanded in the plaintiff’s complaint. On the 8th August, 1858, the plaintiff brought his action to restrain the defendant from collecting a tax assessed against him as one of the taxable inhabitants of the village of Owego, and also for an injunction to restrain the defendant from assessing, levying and collecting like taxes in the -future. The tax had been assessed upon the plaintiff’s property situate within the limits of the village of Owego, as described by. an act of the legislature, passed…
1Opinion of the CourtBalcom, J.
This action being an equitable one, the plaintiff is not entitled to judgment as a matter of course. He is obliged to apply to the court for the relief demanded in the complaint (Code, § 246, sub. 2). And there being no answer, he cannot have any relief exceeding that demanded in his complaint (Code, § 275). When judgment has been entered *237by default, upon a complaint that does not show a cause of action, the defendant may appeal therefrom to the general term (Raynor agt. Clarke, 3 Code, 230; Caincs, 104; Gra. Pr., 2d ed., 641; Wilkingson agt. Tiffany, 4 Abb., 98). And I am of the opinion the…
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- Le Roy v. PlattNew York Court of Chancery · 1833
- Bank of Utica v. City of UticaNew York Court of Chancery · 1834
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3Cited by8 opinions
- Thompson v. WallinNew York Court of Appeals · 1950
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- Ex Parte AndersonCourt of Criminal Appeals of Texas · 1904
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