Guest v. . the City of Brooklyn
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing a j udgment in favor of plaintiff entered upon the report of a referee, and granting a new trial.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing a j udgment in favor of plaintiff entered upon the report of a referee, and granting a new trial. (Mem. of decision below, 8 Hun, 97.) This action was brought to set aside a sale of certain premises in the city of Brooklyn for non-payment of a tax, to have the tax declared illegal and void,, to restrain the city corporation from giving a conveyance to defendant Mahoney, the purchaser on said sale, and to restrain said purchaser from giving notice of sale, and from claiming or accepting a…
1Opinion of the Court
Church, Ch. J.
The apportionment made by the assessors under the act of 1869, chapter 383, against the plaintiff’s lot for the cost of widening and improvement of Third street, in the city of Brooklyn, was $4,854.95, one-nineteenth of which ($267.11) was, by virtue of said act, assessed upon said lot in 1871, and added to the annual tax thereon of $284.89, making in all $552.73. The lot was sold for the' non-payment of this sum on the 1st day of July, 1873, and the same was bid off by one Mahoney. This action is brought to set aside the sale and for a perpetual injunction restraining the…
2Cases cited5 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Mayor of Brooklyn v. MeseroleNew York Supreme Court · 1841
- Rathbone v. . HooneyNew York Court of Appeals · 1874
- Scott v. . OnderdonkNew York Court of Appeals · 1856
- Dusenbury v. HulbertNew York Court of Appeals · 1875
3Cited by39 opinions
- Altschul v. . LudwigNew York Court of Appeals · 1916
- City of Fort Myers v. State of FloridaSupreme Court of Florida · 1928
- City of Fort Myers v. StateSupreme Court of Florida · 1928
- Speer v. Mayor of AthensSupreme Court of Georgia · 1890
- County of Monroe v. . City of RochesterNew York Court of Appeals · 1898
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