Legal Opinion

People Ex Rel. Eckerson v. . Zundel

New York Court of Appeals

Decided January 10, 1899PublishedCited by 21 opinions

Appeal from a judgment, of the Appellate Division of the Supreme Court in the second judicial department, entered upon an order made July 7, 1898, affirming a judgment of the Special Term entered upon the confirmation of the report of a referee. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The doctrine of res adjudicada, does not apply to this case.

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Appeal from a judgment, of the Appellate Division of the Supreme Court in the second judicial department, entered upon an order made July 7, 1898, affirming a judgment of the Special Term entered upon the confirmation of the report of a referee. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The doctrine of res adjudicada, does not apply to this case. (People ex rel. v. Carter, 119 N. Y. 557; People v. Fowler, 55 N. Y. 254.) The proportionate assessable value of the property of relators was determined in the cases of 1886 and 1887, and the subject…

1Opinion of the CourtMartin, J.

In 1888 this proceeding was commenced by certiorari to review the assessment for that year of a piece of the relators’ real property, which contained about twenty-eight acres of land situated in the town of Haverstraw, ET. Y. It was instituted under the provisions of chapter 269 of the Laws of 1880. The appellants were the assessors of the town for the year 1888. In 1886 and 1887 the land in question was assessed by the appellants’ predecessors in office at one hundred and forty thousand dollars. In each of those years the relators sued out a writ of certiorari to review the assessment, and…

2Cases cited4 opinions

  1. Lorillard v. . the Town of MonroeNew York Court of Appeals · 1854
  2. People Ex Rel. New England Dressed Meat & Wool Co. v. RobertsNew York Court of Appeals · 1898
  3. People Ex Rel. Knickerbocker Fire Insurance v. ColemanNew York Court of Appeals · 1887
  4. People Ex Rel. Warren v. . CarterNew York Court of Appeals · 1890

3Cited by21 opinions

  1. People Ex Rel. Hilton v. FahrenkopfNew York Court of Appeals · 1938
  2. Consolidated Ice Co. v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1901
  3. Phelps Dodge Industries, Inc. v. KondzielaskiAppellate Division of the Supreme Court of the State of New York · 1987
  4. People ex rel. Norwich Pharmacal Co. v. PorterAppellate Division of the Supreme Court of the State of New York · 1930
  5. People ex rel. American Manufacturing Co. v. Commissioners of Taxes & AssessmentsNew York Supreme Court · 1914

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