People ex rel. A. G. Hyde & Sons v. O'Donnel
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Frank A. O’Donnel' and others, as commissioners, etc., from a final order of the Supreme Court, made at the New York Special Term and entered' in the office of the clerk of the county of New York on the 16th day of March, 1906, sustaining a writ of certiorari and reducing an assessment.theretofore made against the relator.
1Dissent
Clarke, J. (dissenting):
It seems to me that People ex rel. Orinoka Mills v. Barker (84 App. Div. 469) is clearly distinguishable from the case at bar. If not, although agreeing with Mr. Justice Hatch in his dissenting opinion therein, I would feel bound by the decision of this court. In that case it appeared that the relator had machihery and fixtures as part of its factory located in the State of Pennsylvania, and that there was at the relator’s mills in said State $25,000 in merchandise and materials. ' The petition alleged that, all of the assets of the relator were situate without the…
2Cases cited3 opinions
- Hoyt v. . the Commissioners of TaxesNew York Court of Appeals · 1861
- People Ex Rel. Pacific Mail Steamship Co. v. Commissioners of Taxes & AssessmentsNew York Court of Appeals · 1876
- People ex rel. Orinoka Mills v. BarkerAppellate Division of the Supreme Court of the State of New York · 1903