Legal Opinion

People ex rel. Ketteltas v. Cady

New York Supreme Court

Decided July 1, 1874Published

Appeal from an order denying a motion that a mandamus issue-against the defendant (clerk of arrears in the city of Hew York), requiring him to render bills of arrears of assessments, with interest calculated at the rate of twelve per cent per annum from the date of the act making them valid, instead of from the time when, the assessments came due.

1Opinion of the Court

Brady, J.:

The appellant, assuming that the assessments referred to were void, bat legalized by act of the legislature, and that he was therefore not liable for interest upon the amount of his assessments, <- prior to the day on which the act was passed, demanded from the respondent, who is the clerk of arrears, a bill of each of his assess-' ments, with interest calculated from that day. The assessments were imposed, respectively, on the 27th April, 1871, and 1st September, 1869. The act mentioned was passed May 7th, 1872. The respondent having refused to comply with his request, he applied…

2Cases cited1 opinion

  1. People ex rel. Byrnes v. GreenNew York Supreme Court · 1872

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