Legal Opinion

Wood v. Board of Supervisors

New York Supreme Court

Decided April 11, 1890PublishedCited by 2 opinions

Appeals from special term, Monroe county. Action by Enos B. Wood, as supervisor of the town of Hamlin, against the board of supervisors of Monroe county and Alexander Me Yean.

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Appeals from special term, Monroe county. Action by Enos B. Wood, as supervisor of the town of Hamlin, against the board of supervisors of Monroe county and Alexander Me Yean. Defendants appeal from a judgment in favor of plaintiff for taxes levied and collected from the Lake Ontario Shore Railroad Company from 1880 to 1885, both inclusive, and which the county failed to invest as a sinking fund for the redemption of the bonds issued by the town of Hamlin in aid of that railroad, under Laws H. Y. 1869, c. 907, as amended by. Laws 1871, c. 283, and requiring such investments to be made.…

1Opinion of the CourtMacomber, J.

In this case, upon the former appeal, (2 N. Y. Supp. 369,) this court reversed the judgment pronounced by the special term, unless the parties should stipulate that the amount of the recovery for state taxes received by the defendants should be deducted from the judgment. Ho such stipulation being given, the case went back for a new trial, and was tried before the same justice who heard it in the first instance; and he has made his decision in accordance with the principles laid down by this court on the former appeal, and has thrown out the amount of the state taxes collected by the county…

2Cases cited4 opinions

  1. First National Bank of Ballston Spa v. Board of SupervisorsNew York Court of Appeals · 1887
  2. Marquat v. . MarquatNew York Court of Appeals · 1855
  3. Wood v. Board of SupervisorsNew York Supreme Court · 1888
  4. Syracuse Savings Bank v. Syracuse, Chenango & New York RailroadNew York Court of Appeals · 1882

3Cited by2 opinions

  1. Wood v. BakerNew York Supreme Court · 1891
  2. Little v. GallusAppellate Division of the Supreme Court of the State of New York · 1899

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