Paddock v. Lewis
New York Supreme Court
Appeal from an order of the Onondaga special term, April, 1889, quashing a \\ rit of certiorari issued, under chapter 269 of the Laws of 1880, for the purpose of reviewing an assessment for personal property in the town of Elbridge against the relator.
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Appeal from an order of the Onondaga special term, April, 1889, quashing a \\ rit of certiorari issued, under chapter 269 of the Laws of 1880, for the purpose of reviewing an assessment for personal property in the town of Elbridge against the relator. The grounds upon which the writ was quashed were, as stated in the order, as follows: “(1) Said writ is not made returnable to a special term of this court, as by statute required; (2) after personal and due legal notice duly given by said assessors of the hearing of grievances, said re- ‘ lator failed to appear and make complaint of his…
1Opinion of the CourtMerwin, J.
It is claimed by the relator that the writ was, in effect, returnable at a special term, and, if not, that the defect has been waived. The writ in this case was allowed at the Onondaga special term, September 1, 1888, and was returnable “within twenty days after the service on you of this writ at the office of the clerk of Onandaga county,-, so that our supreme court may further cause to -be done thereon what of right, and according to law, ought to be done.” Service was made on the assessors on the 12th September, and on the supervisor on the 14th September. On the 15th October, 1888, the…
2Cases cited4 opinions
- People Ex Rel. Mutual Union Telegraph Co v. Commissioners of TaxesNew York Court of Appeals · 1885
- Myers v. . Mutual Life Ins. Co. of N.Y.New York Court of Appeals · 1885
- Douglass v. Board of SupervisorsNew York Supreme Court · 1888
- People ex rel. Delaware & H. Canal Co. v. Assessors of SharonNew York Supreme Court · 1889
3Cited by3 opinions
- People ex rel. American Thread Co. v. FeitnerNew York Supreme Court · 1900
- People ex rel. Western Union Telegraph Co. v. DolanNew York Supreme Court · 1890
- People ex rel. Western Union Telegraph Co. v. TerneyNew York Supreme Court · 1890