People Ex Rel. Morgenthau v. . Cady
New York Court of Appeals
Appeal from order of the Genera. Term of the Superior Oourt of the city of ¡New York, made July 2, 1886, which affirmed an order of a Special Term denying a motion for a wmt of mandamus herein. The nature oi the writ asked for and the material facts are stated m the opinion. The relator has a lawful right to pay this tax unless the sale was valid, and the notice necessary to cut off the right of redemption was served as required by law.
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Appeal from order of the Genera. Term of the Superior Oourt of the city of ¡New York, made July 2, 1886, which affirmed an order of a Special Term denying a motion for a wmt of mandamus herein. The nature oi the writ asked for and the material facts are stated m the opinion. The relator has a lawful right to pay this tax unless the sale was valid, and the notice necessary to cut off the right of redemption was served as required by law. (2 Desty on Tax. 890; Bensel v. Gray, 44 Supr. Ct. 375; Clementi v. Jackson, 92 N Y. 594; Townshend v. Cady, 51 Supr. Ct. 318; S. C., 50 id. 399; Hilton v.…
1Opinion of the CourtPeckham, J.
The relator herein asks the court to compel the defendant bjmcmdamus to accept certain moneys sufficient in amount, as he alleges, to pay the taxes and interest on two certain lots in the city of Hew York for the year 1860, and to give receipted bills therefor. The defendant is clerk of arrears in the city and has refused to give buoh F on the ground, among others, that there are no arrears of taxes against the premises for the year spoken of, because they have been sold for such arrears, and the sale took place January 20,1866, and on the 19th of January, 1869, a lease thereof was granted…
2Cases cited1 opinion
- Whitney v. . ThomasNew York Court of Appeals · 1861
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- Hennessey v. VolkeningThe Superior Court of New York City · 1893
- People ex rel. Myers v. MoynahanAppellate Division of the Supreme Court of the State of New York · 1909
- Babcock v. KuntzschNew York Supreme Court · 1895
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