Bell v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jared W. Bell, from a final judgment of the Supreme Court in favor of the defendant, entered in -the office of the clerk of the county of New York on the 11th day of July, 1901, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining a demurrer to the complaint, with notice of an intention to bring up for review upon such appeal an interlocutory judgment entered in said clerk’s office on the 25tb day of May,…
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Appeal by the plaintiff, Jared W. Bell, from a final judgment of the Supreme Court in favor of the defendant, entered in -the office of the clerk of the county of New York on the 11th day of July, 1901, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining a demurrer to the complaint, with notice of an intention to bring up for review upon such appeal an interlocutory judgment entered in said clerk’s office on the 25tb day of May, 1901, adjudging that the complaint does hot state facts sufficient to constitute a cause of action.
1Opinion of the Court
Hatch, J.:
This action was brought against the city for the purpose of obtaining a judgment declaring certain sales of real property for Unpaid taxes and assessments for local improvements to be null and void and enjoining the defendant from issuing any certificate for said sales.
It is averred in the complaint and conceded as true by the demur-rant that the premises in question were sold to the plaintiff’s wife in February, 1870, and on June 12,1889, at a tax sale, the premises were sold to the plaintiff for the period of 1,000 years for the taxes for the years 1884 and 1885, and a certificate…
2Cases cited5 opinions
- Fisher v. Mayor of New YorkNew York Court of Appeals · 1876
- The Mayor, C., of New-York v. . ColgateNew York Court of Appeals · 1854
- Coffin v. . City of BrooklynNew York Court of Appeals · 1889
- Wells v. JohnstonAppellate Division of the Supreme Court of the State of New York · 1900
- McFarlane v. . City of BrooklynNew York Court of Appeals · 1890
3Cited by10 opinions
- City of Bristow Ex Rel. Hedges v. GroomSupreme Court of Oklahoma · 1944
- Woodill & Hulse Electric Co. v. YoungCalifornia Supreme Court · 1919
- Hollenbeck v. City of SeattleWashington Supreme Court · 1925
- Pickell v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1914
- Lamar v. RiversSupreme Court of Alabama · 1937
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