Legal Opinion

Strough v. Board of Supervisors of Jefferson County

New York Court of Appeals

Decided January 28, 1890PublishedCited by 40 opinions

Cboss appeals from judgment of the General Term of the Supreme Court in the fourth judicial department, in favor of plaintiff, entered upon an order made ¡November 13, 1888, which directed a judgment upon a case submitted under the Code of Civil Procedure. The facts set forth in the case, so far as material, are stated in the opinion. The provisions of chapter 907 of the Laws of 1869, as amended by chapter 283 of the Laws of 1871, are valid.

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Cboss appeals from judgment of the General Term of the Supreme Court in the fourth judicial department, in favor of plaintiff, entered upon an order made ¡November 13, 1888, which directed a judgment upon a case submitted under the Code of Civil Procedure. The facts set forth in the case, so far as material, are stated in the opinion. The provisions of chapter 907 of the Laws of 1869, as amended by chapter 283 of the Laws of 1871, are valid. (Bridges v. Board of Super. 92 N. Y. 570.) By the statute a trust is created for the benefit of the town, a continuous one, and in such case the statute…

1Opinion of the CourtAndrews, J.

The county treasurer of Jefferson county, from 1873 to 1887, omitted to perform the duty imposed upon him by the fourth section of chapter 907 of the Laws of 1869, -as amended by chapter 283 of the Laws of 1871, to apply the taxes assessed during those years on the property of the Clayton and Theresa Railroad, within the town of Orleans in said county, and collected and paid over to him, either to the purchase of the bonds of said town, issued-in aid of the construction of said railroad, or in the purchase of other bonds to be held as a sinking fund for their redemption. The aggregate taxes…

2Cases cited7 opinions

  1. Roberts v. . ElyNew York Court of Appeals · 1889
  2. Orleans v. PlattSupreme Court of the United States · 1879
  3. Newman v. . Supervisors of Livingston Co.New York Court of Appeals · 1871
  4. Mayor, Etc., of City of N.Y. v. . DavenportNew York Court of Appeals · 1883
  5. Matter of Clark v. . SheldonNew York Court of Appeals · 1887

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3Cited by40 opinions

  1. Denton v. HymanCourt of Appeals for the Second Circuit · 2007
  2. Board of Highway Commissioners v. City of BloomingtonIllinois Supreme Court · 1911
  3. County of Albany v. . HookerNew York Court of Appeals · 1912
  4. In re Seizure of 7 Barrels of WineSupreme Court of Florida · 1920
  5. City of Norfolk v. Norfolk CountySupreme Court of Virginia · 1917

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