Livingston v. Hollenbeck
New York Supreme Court
In Equity. This was a motion to dissolve an injunction. The bill was filed in the late court of chancery to restrain the sheriff of Columbia county from proceeding to advertise and sell certain lands of the plaintiff under warrants issued to him by the county treasurer, for the collection of taxes imposed under the act passed May 13, 1846, entitled “ an act to equalize taxation.”
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In Equity. This was a motion to dissolve an injunction. The bill was filed in the late court of chancery to restrain the sheriff of Columbia county from proceeding to advertise and sell certain lands of the plaintiff under warrants issued to him by the county treasurer, for the collection of taxes imposed under the act passed May 13, 1846, entitled “ an act to equalize taxation.” Several irregularities in the assessments were alleged, but the principal one was, that the assessors of the towns of Gallatin, Livingston and Taghkanic had refused to receive the affidavit of the plaintiff, and to…
1Opinion of the CourtParker, J.
On the argument of the motion to dissolve the injunction in this cause, several important questions were discussed, arising under the act entitled “ an act to equalize taxation,” passed May 13,1846. These questions will be of frequent occurrence until a judicial construction shall have been given to that act; and it is therefore desirable that they should be settled, though it may not be strictly necessary to decide them, for the purpose of disposing of the motion before us.
The most important of these questions is, whether the person entitled to receive rents subjected to taxation, has a…
2Cases cited10 opinions
- Weaver v. DevendorfNew York Supreme Court · 1846
- Mayor of Brooklyn v. MeseroleNew York Supreme Court · 1841
- People ex rel. Church v. Supervisors of AlleganyNew York Supreme Court · 1836
- Doren v. Mayor of New-YorkNew York Court of Chancery · 1842
- Thomas v. LelandNew York Supreme Court · 1840
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