Buffalo & State Line Railroad v. Board of Supervisors
Commission of Appeals
These are appeals by the defendants from judgments of the General Term of the Superior Court of Buffalo, affirming judgments in favor of the plaintiff in three of the cases, and ordering judgment for the plaintiff, in one case, on a verdict and exceptions heard at the General Term in the first instance. The facts are substantially the same in each of the cases. The complaint is for the recovery of money belonging to the plaintiff, had and received by the defendants.
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These are appeals by the defendants from judgments of the General Term of the Superior Court of Buffalo, affirming judgments in favor of the plaintiff in three of the cases, and ordering judgment for the plaintiff, in one case, on a verdict and exceptions heard at the General Term in the first instance. The facts are substantially the same in each of the cases. The complaint is for the recovery of money belonging to the plaintiff, had and received by the defendants. The answer of the defendants sets up a want of jurisdiction of the Superior Court of Buffalo ,• and that the money was lawfully…
1Opinion of the Court
Leonard, C.
The regularity of these assessments has been fully considered in two other eases between the same parties, in respect to the tax assessed by these towns for the year 1866.* In those cases the question came up from the General Term of the Supreme Court, where it had been taken by certiorari, and the validity of the assessments sustained. The subject has been there examined in detail. If the assessments were a nullity, or void for the want of jurisdiction to impose them, it must be conceded that these actions were well brought. (Whitney v. Thomas, 23 N. Y., 281.) The lands in that…
2Cases cited15 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Elliott v. Lessee of PeirsolSupreme Court of the United States · 1828
- Ohio & Mississippi Railroad v. WheelerSupreme Court of the United States · 1862
- Barhyte v. . ShepherdNew York Court of Appeals · 1866
- People Ex Rel. Citizens' Gas-Light Co. v. Board of AssessorsNew York Court of Appeals · 1868
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3Cited by26 opinions
- Cromwell v. . MacLeanNew York Court of Appeals · 1890
- Hoyle v. Plattsburgh & Montreal RailroadNew York Court of Appeals · 1873
- Stewart v. . CryslerNew York Court of Appeals · 1885
- People Ex Rel. Barnard v. . WempleNew York Court of Appeals · 1889
- Poland v. United Traction Co.Appellate Division of the Supreme Court of the State of New York · 1903
21 more not listed; retrieve them via the Exa API.