People ex rel. Buffalo & State Line Railroad v. Fredericks
New York Supreme Court
CERTIORARI to review the assessment of the real estate of the relator, situate in the town of Hamburg. The relator is a corporation, organized under the laws of the state, to construct and operate a railroad between the city of Buffalo and the western line of this state, along the shore of Lake Erie. Its road extends and is operated through the town of Hamburg, a distance of 9 29-100 miles.
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CERTIORARI to review the assessment of the real estate of the relator, situate in the town of Hamburg. The relator is a corporation, organized under the laws of the state, to construct and operate a railroad between the city of Buffalo and the western line of this state, along the shore of Lake Erie. Its road extends and is operated through the town of Hamburg, a distance of 9 29-100 miles. The assessors of that town entered the real estate of the relator on the assessment roll as follows : In the first column, “ Buffalo and State Line Railroad Company ;” in the second column, “ Extent of…
1Opinion of the Court
By the Court, Davis, J.
The writ in this case appears to have been allowed on the 28 th day of August, and served on the assessors on the 31st of the same month. On the 25th of August the assessors perfected the assessment roll and delivered it to the supervisor of the town. Thenceforth they had no power or control over it. For this reason the writ should be quashed as to the assessors. (The People v. Supervisors of Allegany, 15 Wend. 198. Same v. The Mayor of New York, 2 Hill, 9. Same v. Supervisors of Queens Co., 1 id. 195. Same v. Reddy, 43 Barb. 539.)
Assuming that the Writ is well brought…
2Cases cited10 opinions
- People ex rel. Church v. Supervisors of AlleganyNew York Supreme Court · 1836
- Mohawk & Hudson Railroad v. CluteNew York Court of Chancery · 1834
- Oswego Starch Factory v. . DollowayNew York Court of Appeals · 1860
- People Ex Rel. Bodine v. GoodwinNew York Court of Appeals · 1851
- Sherwood v. Saratoga & Washington RailroadNew York Supreme Court · 1852
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Mercantile Nat. Bank v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1902
- Oregon & Cal. R. R. v. Jackson CountyOregon Supreme Court · 1901
- State v. Central Pacific RailroadNevada Supreme Court · 1875
- Buffalo & State Line Railroad v. Board of SupervisorsCommission of Appeals · 1871
- Poland v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1903
15 more not listed; retrieve them via the Exa API.