Kilbourne v. Board of Supervisors
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made November 24,1891, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff’s remedy, assuming there was one, was not by an action against the board of supervisors, but by mandamus or certiorari.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made November 24,1891, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff’s remedy, assuming there was one, was not by an action against the board of supervisors, but by mandamus or certiorari. The decision of that body on the plaintiff’s claim was final until reviewed and reversed in the proper way and by the proper…
1Opinion of the CourtEarl, J.
By section 4 of chapter 907 of the Laws of 1869, as amended by chapter 283 of the Laws of 1871, which we will hereafter for convenience cite as the act of 1869, it is provided that “ all taxes, except school and road taxes, collected for the next thirty years, or so much thereof as may be necessary, in any town, village or city, on the assessed valuation of any railroad in said town, village or city, for which said town, village or city has issued- or shall issue bonds to aid in the construction of said railroad, shall be paid over to the treasurer of the county in which said town, city or…
2Cases cited7 opinions
- Rothschild v. . MackNew York Court of Appeals · 1889
- Newman v. . Supervisors of Livingston Co.New York Court of Appeals · 1871
- Woods v. Board of SupervisorsNew York Court of Appeals · 1893
- Matter of Clark v. . SheldonNew York Court of Appeals · 1887
- Brady v. . Supervisors of New-YorkNew York Court of Appeals · 1851
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Bauer v. International Waste Co.Massachusetts Supreme Judicial Court · 1909
- Board of Com'rs of Rogers County v. BaxterSupreme Court of Oklahoma · 1925
- Stein v. MarksNew York Supreme Court · 1904
- City of Buffalo v. County of ErieNew York Supreme Court · 1915
- Kranich v. BachAppellate Division of the Supreme Court of the State of New York · 1924
17 more not listed; retrieve them via the Exa API.