Legal Opinion

Matter of Clark v. . Sheldon

New York Court of Appeals

Decided June 7, 1887PublishedCited by 32 opinions

Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made October 31,1884, which affirmed an- order of the county judge of Wayne county dismissing the petition of the appellant made by lnm as a taxpayer of the town of Sodus, Wayne county, under the act (chap. 907 of the Laws of 1869, as amended by chap. 283 of the Laws of 1871), praying for an order requiring the county treasurer of said county to execute the provisions of said act by…

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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made October 31,1884, which affirmed an- order of the county judge of Wayne county dismissing the petition of the appellant made by lnm as a taxpayer of the town of Sodus, Wayne county, under the act (chap. 907 of the Laws of 1869, as amended by chap. 283 of the Laws of 1871), praying for an order requiring the county treasurer of said county to execute the provisions of said act by investing the sum of: $427.69, the amount of taxes other than school and road taxes received by him for the years 1881…

1Opinion of the CourtEarl, J.

This is a special proceeding instituted bjr a tax-

payer of the town of Sodus, Wayne county, in this State, to compel the county treasurer of that county to execute the provisions of section 4 of chapter 907 of the Laws of 1869, as amended by chapter 283 of the Laws of 1871. The material portions of that section are as follows: “ All taxes, except school and road taxes, collected for the next thirty years, or so much thereof as may be necessary, in any town, village or city, on the assessed valuation of any railroad in said town, village or city, for which said town, village or city has issued…

2Cases cited3 opinions

  1. In Re the Executors & Legatees of & Under the Last Will & Testament of McPhersonNew York Court of Appeals · 1887
  2. Bridges v. . B'd Supervisors of Sullivan Co.New York Court of Appeals · 1883
  3. People Ex Rel. Martin v. . BrownNew York Court of Appeals · 1873

3Cited by32 opinions

  1. Strough v. Board of Supervisors of Jefferson CountyNew York Court of Appeals · 1890
  2. Woods v. Board of SupervisorsNew York Court of Appeals · 1893
  3. Anderson v. ReganNew York Court of Appeals · 1981
  4. Kilbourne v. Board of SupervisorsNew York Court of Appeals · 1893
  5. Saratoga Harness Racing Ass'n v. Agriculture & New York State Horse Breeding Development FundNew York Court of Appeals · 1968

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