Legal Opinion

Village of Oneida v. Board of Supervisors

New York Court of Appeals

Decided December 20, 1892PublishedCited by 2 opinions

Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made October 8, 1891, which directed a judgment in favor of plaintiff upon a case submitted under section 1279 of the Code of Civil Procedure. Plaintiff seeks to recover in this action certain claims for taxes. The facts, so far as material, are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made October 8, 1891, which directed a judgment in favor of plaintiff upon a case submitted under section 1279 of the Code of Civil Procedure. Plaintiff seeks to recover in this action certain claims for taxes. The facts, so far as material, are stated in the opinion. The plaintiff, the village of Oneida, is not entitled to recover of the defendant, the board of supervisors of Madison county, or the county of Madison. Its remedy, if any, is an action to recover the amount of…

1Opinion of the CourtPeckham, J.

The village of Oneida is a municipal corporation created under the laws of this state and forms part of the town of Lenox in Madison county. It is averred in the statement of facts agreed upon that commissioners were duly appointed for the village by the county judge in 1868, pursuant to the provisions of chapter 398 of the Laws of 1866, and they or their successors in office duly appointed, have continued in office from that time. On or about July 1, 1868, the commissioners borrowed upon the faith and credit of the village $31,000, and duly executed bonds therefor as provided by section 2 of…

2Cited by2 opinions

  1. City of Fargo v. Cass CountyNorth Dakota Supreme Court · 1916
  2. Holloway v. Howell CountySupreme Court of Missouri · 1912

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