In re the Buffalo Mutual Gas Light Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme-Court in the fifth judicial department, made October 17,1894, which affirmed an order of the County Court of Erie county, the nature of which, and the facts, so far as material, are set.forth in the opinion. In the absence of a statute expressly authorizing the same, even the Supreme Court would have no power by motion to make the order granted in this proceeding.
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Appeal from order of the General Term of the Supreme-Court in the fifth judicial department, made October 17,1894, which affirmed an order of the County Court of Erie county, the nature of which, and the facts, so far as material, are set.forth in the opinion. In the absence of a statute expressly authorizing the same, even the Supreme Court would have no power by motion to make the order granted in this proceeding. (Heywood v. City of Buffalo, 14 N. Y. 534; W. R. R. Co. v. Nolan, 48 id. 519; M. B. L. Ins. Co. v. Bd. of Suprs., 3 Keyes, 182; D. & H. C. Co. v. Atkins, 121 N. Y. 249; Thomas v.…
1Opinion of the CourtO’Brien, J.
The county judge of the county of Erie made an order in this proceeding on the 14th of April, 1894, directing the board of supervisors of that county to cancel a tax for the year 1893, levied by them at their regular session for that year, against the petitioner, The Buffalo Mutual Gras Light Company, and restraining the officer empowered to collect the taxes in that county from collecting this tax. The order was not made until after the board had completed its business and finally adjourned. The action of the county judge was based upon the following facts, which are not disputed : The…
2Cases cited1 opinion
- People Ex Rel. Pells v. Board of SupervisorsNew York Court of Appeals · 1875
3Cited by12 opinions
- In re the Estate of WadhamsAppellate Division of the Supreme Court of the State of New York · 1936
- Paddack v. BarnettNew York Supreme Court · 1895
- Adams v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1897
- Armstrong v. County of NassauAppellate Division of the Supreme Court of the State of New York · 1905
- Dale v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
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