The People, Ex Rel. Robinson v. . O'Keefe
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the second judicial department, made September 11, 1883, which reversed a judgment of Special Term awarding a peremptory writ of mandamus commanding defendant, as registrar of arrears of the city of Brooklyn, to sign a check on the treasurer for a sum paid in to redeem certain lands of the relator from tax sales. The material facts are stated in" the opinion.
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Appeal from an order of the General Term of the Supreme Court, in the second judicial department, made September 11, 1883, which reversed a judgment of Special Term awarding a peremptory writ of mandamus commanding defendant, as registrar of arrears of the city of Brooklyn, to sign a check on the treasurer for a sum paid in to redeem certain lands of the relator from tax sales. The material facts are stated in" the opinion. The relator was entitled to payment of the amount called for by the certificates. (Laws of 1854, 879, § 26 ; Laws of 1862, 196, § 28; Laws of 1873, 1319, § 5; 1324, § 23;…
1Opinion of the CourtAndrews, J.
The duty sought to be enforced in this case by mcmdamus is prescribed by section 23, chapter 863 of the Laws of 1873, known as the city charter of Brooklyn. That section makes it the duty of the registrar of arrears, upon the application of the holder of a certificate of sale of lands for taxes, which have been redeemed from the sale, to be repaid the amount bid with interest, to examine the case, and, if found to be correct, upon surrender of the certificate, to prepare and sign a check on the treasurer for the amount received “ in said case,” and after procuring the counter-signature of the…
2Cited by3 opinions
- Towner v. JimersonAppellate Division of the Supreme Court of the State of New York · 1979
- Osterhoudt v. OsterhoudtNew York Supreme Court · 1899
- Robinson v. City of BrooklynNew York City Court · 1887