Clark v. . Sheldon
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 19,1890, which modified, and affirmed as modified, an order of the county judge of Wayne county granting the prayer of the petitioner.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made June 19,1890, which modified, and affirmed as modified, an order of the county judge of Wayne county granting the prayer of the petitioner. This was a special proceeding instituted by a taxpayer of the town of Sodus, Wayne county, to compel the county treasurer of said county to execute the provisions of section 4 of chapter 907, Laws of 1869, as amended by chapter 283, Laws of 1871, by investing the amount of taxes (other than school and road taxes) received by him for the…
1Opinion of the CourtBrown, J.
Upon the first hearing of this proceeding oefore the county judge it was dismissed upon the ground that the statutes pursuant to which it was instituted were unconstitutional. The General Term refused to pass upon that question, but affirmed the order of the county judge on the ground (1) that the duty of ascertaining 'the amount of taxes paid by the railroad companies over and above school and road taxes, and the portion thereof applicable to the purposes designated by the statute, did not devolve upon the county treasurer, and until that duty was performed by some one clothed with…
2Cases cited1 opinion
- Strough v. Board of Supervisors of Jefferson CountyNew York Court of Appeals · 1890
3Cited by7 opinions
- Board of Education v. RettaliataNew York Court of Appeals · 1991
- City of Syracuse v. RoscoeNew York Supreme Court · 1910
- Vinton v. Board of Sup'rsNew York Supreme Court · 1895
- Ackerson v. Board of SupervisorsNew York Supreme Court · 1893
- Peirson v. . Supervisors of Wayne CountyNew York Court of Appeals · 1898
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