Woods v. Board of Supervisors
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme-. Court in the fourth judicial department, entered upon an order made September 8, 1891, which directed a judgment in favor of defendant on submission under the Code of Civil Procedure (§ 1279) of a controversy without action. The facts agreed upon, so far as material, are stated in the opinion.
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Appeal from judgment of the G-eneral Term of the Supreme-. Court in the fourth judicial department, entered upon an order made September 8, 1891, which directed a judgment in favor of defendant on submission under the Code of Civil Procedure (§ 1279) of a controversy without action. The facts agreed upon, so far as material, are stated in the opinion. The plaintiff is entitled te recover the amount of state taxes collected from the railroad company during the years 1884 to 1889, inclusive, the six years-next preceding the date of the submission. (Laws of 1869, chap. 907; Laws of 1871, chap.…
1Opinion of the Court
O'Brien J.
The facts in this case were agreed upon and submitted to the General Term under the provisions of § 1279, of the Code.
The town of Stoclcbridge in the county of Madison, through the plaintiff, its supervisor, sought to recover from the county certain taxes levied and collected in the town from the Hew York and Oswego Midland Railroad Company, for the benefit of which corporation the town had issued its bonds under the provisions of chapter 398, of the Laws of 1866. The taxes so levied and collected, the plaintiff claims, have been diverted, by the action of the board of supervisors…
2Cases cited11 opinions
- Shapley v. . AbbottNew York Court of Appeals · 1870
- Strough v. Board of Supervisors of Jefferson CountyNew York Court of Appeals · 1890
- Lyddy v. . Long Island CityNew York Court of Appeals · 1887
- Matter of Clark v. . SheldonNew York Court of Appeals · 1887
- Brady v. Mayor of BrooklynNew York Supreme Court · 1847
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3Cited by36 opinions
- Coxe v. . StateNew York Court of Appeals · 1895
- County of Albany v. . HookerNew York Court of Appeals · 1912
- Kilbourne v. Board of SupervisorsNew York Court of Appeals · 1893
- Watertown National Bank of Watertown v. BagleyAppellate Division of the Supreme Court of the State of New York · 1909
- Colbert v. DelaneyAppellate Division of the Supreme Court of the State of New York · 1936
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