Legal Opinion · Dissent

People ex rel. Bishop v. Feitner

Appellate Division of the Supreme Court of the State of New York

Decided December 28, 1906Published

Appeal "by the defendants, Thomas L. Feitner and others, as commissioners, etc., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of August, 1906, reducing the assessment for the purposes'of taxation for - the year 1899 on the real property of the relator.

1Dissent

Ingraham, J. (dissenting):

I think this case is controlled by People ex rel. Bhumgara Co. v. Wells (93 App. Div. 212 ; affd., 179 N. Y. 529). There is nothing in the answer that denies the facts upon which the allegation of inequality is based, and a denial of the conclusion raises no issue.

I think, therefore, that this order should be affirmed.

Order reversed, with ten dollars costs and disbursements, and matter remitted to Special Term. Order filed.

2Cases cited2 opinions

  1. People ex rel. F. P. Bhumgara Co. v. WellsAppellate Division of the Supreme Court of the State of New York · 1904
  2. People Ex Rel. F.P. Bhumgara Company v. . WellsNew York Court of Appeals · 1904