Spaulding v. Arnold
New York Supreme Court
Appeal from Niagara county court. An appeal by the county treasurer of Niagara county from an order made by the county judge of that county, in proceedings instituted before him under provisions of chapter 907 of the Laws of 1869, as amended by chapters 283 and 925 of the Law's of 1871, permitting town and other municipal corporations to issue bonds to aid in the construction of railroads, and applying the taxes assessed upon the railroads aided in their construction by the…
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Appeal from Niagara county court. An appeal by the county treasurer of Niagara county from an order made by the county judge of that county, in proceedings instituted before him under provisions of chapter 907 of the Laws of 1869, as amended by chapters 283 and 925 of the Law's of 1871, permitting town and other municipal corporations to issue bonds to aid in the construction of railroads, and applying the taxes assessed upon the railroads aided in their construction by the issue of such bonds to the redemption of such bonds. The city of Loekport, in pursuance of the terms of said act, issued…
1Opinion of the CourtBarker, P. J.
The controlling legal propositions involved in this case have already been examined and determined in several cases, some of them by the court of appeals, and are not open for discussion in this court. Any tax-payer residing in any municipality which has, in compliance with the law, issued its bonds to aid in the construction of a railroad, may by a petition institute proceedings to compel the county treasurer to observe the duties imposed upon him by statute requiring him to use and invest the moneys paid to him, derived from taxes collected from certain railroads mentioned in the statutes…
2Cases cited2 opinions
- Matter of Clark v. . SheldonNew York Court of Appeals · 1887
- Wood v. Board of SupervisorsNew York Supreme Court · 1888
3Cited by1 opinion
- Pierson v. Board of Sup'rsNew York Supreme Court · 1895