People Ex Rel. McMillan v. Board of Supervisors
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made May 12, 1892, which affirmed an order of Special Term denying an application for a peremptory mandamus directed to the hoard of supervisors of Cayuga county to compel that body to rescind certain resolutions directing the county treasurer to repay to certain of its towns which had issued bonds in aid of a railroad corporation under the act of 1866 (Chap. 577, Laws of 1866) taxes…
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made May 12, 1892, which affirmed an order of Special Term denying an application for a peremptory mandamus directed to the hoard of supervisors of Cayuga county to compel that body to rescind certain resolutions directing the county treasurer to repay to certain of its towns which had issued bonds in aid of a railroad corporation under the act of 1866 (Chap. 577, Laws of 1866) taxes arising from assessments upon the property of said corporation within the limits of said municipalities, which…
1Opinion of the CourtPeckham, J.
The sole question in this case is whether a municipality, which has issued bonds pursuant to the provisions of law, in aid of a railroad corporation, is entitled to the fund, or any portion thereof, arising from the payment of taxes by the company on an assessment upon its property within the limits of such municipality, where the taxes thus paid were assessed upon the property of the railroad company subsequent to the time when the bonds issued by the municipality had matured and been paid in full by it.
The bonds mentioned in this record were issued under the authority of chapter 433 of the…
2Cases cited1 opinion
- Bridges v. . B'd Supervisors of Sullivan Co.New York Court of Appeals · 1883
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