Legal Opinion

Howland v. . Eldredge

New York Court of Appeals

Decided January 24, 1871PublishedCited by 35 opinions

Appeal from an order of the General Term of the Fourth department of the Supreme Court, affirming an order granted at the Cayuga Special Term awarding a' peremptory mandamus directed to the defendants, Edward Eldredge, and Ethan Allen, assessors of the town of Springport, Cayuga county, commanding them to forthwith execute their affidavit, duly verified, to the effect that a majority of the tax-payers of the said town owning more than one-half of the taxable property of said…

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Appeal from an order of the General Term of the Fourth department of the Supreme Court, affirming an order granted at the Cayuga Special Term awarding a' peremptory mandamus directed to the defendants, Edward Eldredge, and Ethan Allen, assessors of the town of Springport, Cayuga county, commanding them to forthwith execute their affidavit, duly verified, to the effect that a majority of the tax-payers of the said town owning more than one-half of the taxable property of said town assessed and appearing on the assessment roll of the year 1868, have duly fixed upon the sum of $100,000, and duly…

1Opinion of the CourtGrover, J.

Section 2 of the act to facilitate the construction of the Cayuga Lake railroad (Vol. 1, Laws of 1869, 677), makes the exercise of the powers conferred upon the commissioners appointed pursuant to section 1 of the act depend upon a majority of the tax-payers of the town, and owning more than one-half of the taxable property of said town assessed and appearing upon the assessment roll of 1868, giving their consent in writing to the bonding of thu town pursuant to the act, which consent shall be proved or acknowledged in the manner provided by the act, and provides that the proof required to…

2Cited by35 opinions

  1. People Ex Rel. Francis v. . Common CouncilNew York Court of Appeals · 1879
  2. State ex rel. Powell v. State Medical Examining BoardSupreme Court of Minnesota · 1884
  3. People Ex Rel. Harris v. Commissioners of the Land OfficeNew York Court of Appeals · 1896
  4. Boody v. WatsonSupreme Court of New Hampshire · 1886
  5. Cagwin v. . Town of HancockNew York Court of Appeals · 1881

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