Legal Opinion

State v. Hawkens

Supreme Court of New Jersey

Decided November 15, 1887PublishedCited by 12 opinions

On certiorari to review tax. The prosecutors were returned by the collector of Weymouth township, Atlantic county, in December, 1885, as-delinquent taxpayers. They were in arrears for taxes levied upon their real estate in said township for the years 1884 and 1885. A tax warrant was regularly issued to the collector, commanding him to make their taxes by sale of their goods and chattels.

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On certiorari to review tax. The prosecutors were returned by the collector of Weymouth township, Atlantic county, in December, 1885, as-delinquent taxpayers. They were in arrears for taxes levied upon their real estate in said township for the years 1884 and 1885. A tax warrant was regularly issued to the collector, commanding him to make their taxes by sale of their goods and chattels. This warrant was returned to the justice who issued it, with the taxes uncollected, and on August 28th, 1886, an alias tax warrant was issued by the justice to the collector; again commanding him to make the…

1Opinion of the Court

The opinion of the court was delivered by

Knapp, J.

This writ removes into this court the taxes assessed against the prosecutors for the years 1884 and 1885.

By an amendment to the writ the warrants issued for the collection of these taxes were brought in.

Of the several reasons assigned for holding the taxes and proceedings for their collection to be invalid, three only are relied upon by the prosecutors. The first is, “ Because the tax warrant issued on the 28th day of August, 1886, under which warrant the land of the prosecutors was advertised to be sold, was illegal and void.” The warrant…

2Cited by12 opinions

  1. Pantasote Co. v. City of PassaicSupreme Court of New Jersey · 1985
  2. City of Norfolk v. SnyderSupreme Court of Virginia · 1933
  3. D., L. & WR CO. v. City of HobokenNew Jersey Superior Court Appellate Division · 1951
  4. New Jersey Bell Telephone Co. v. City of NewarkSupreme Court of New Jersey · 1937
  5. Cigolini Associates v. Borough of FairviewNew Jersey Superior Court Appellate Division · 1986

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