People Ex Rel. Hallock v. . Hennessy
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 11, 1912, which sustained a writ of certiorari, brought to review a determination of the board of assessors of the city of New York, annulled the determination of such board and remitted the proceeding to them for further action.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 11, 1912, which sustained a writ of certiorari, brought to review a determination of the board of assessors of the city of New York, annulled the determination of such board and remitted the proceeding to them for further action. The following question was certified for determination: “Are the provisions of chapter 582 of the Laws of 1905 which authorize and empower the board of assessors of the city of New York, in its discretion to estimate and determine the…
1Opinion of the CourtVann, J.
This appeal seems to be founded on a misunderstanding of our opinion written on a former appeal and reported in 205 N. Y. 301. That opinion was written to express the personal views of the writer on the questions discussed at the argument and with no expectation that it would become the opinion of the court. Accordingly discussion was confined to the meaning of the statute and to the question whether the assessment of damages as actually made by the assessors was judicial in character. The majority of the judges did not hold that, as they construed the act, the exercise of the discretion…
2Cases cited1 opinion
- People Ex Rel. Hallock v. . HennessyNew York Court of Appeals · 1912
3Cited by4 opinions
- People Ex Rel. Crane v. . HahloNew York Court of Appeals · 1920
- People ex rel. Olin v. HennessyAppellate Division of the Supreme Court of the State of New York · 1913
- Licht v. StateNew York Court of Claims · 1936
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1968