Matter of McCue v. . Supervisors
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 22, 1899, reversing an order of the Monroe County Court directing the board of supervisors of that county to-refund certain taxes alleged to have been illegally assessed. The nature of the proceeding and the facts, so' far as material, are stated in the opinion. The assessments are. void and petitioner is entitled to have the tax erroneously paid refunded.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 22, 1899, reversing an order of the Monroe County Court directing the board of supervisors of that county to-refund certain taxes alleged to have been illegally assessed. The nature of the proceeding and the facts, so' far as material, are stated in the opinion. The assessments are. void and petitioner is entitled to have the tax erroneously paid refunded. (Trowbridge v. Horan, 78 N. Y. 439; Cromwell v. MacLean, 123 N. Y. 474; Matter of Adams, 154 N. Y. 619; L. 1892, ch.…
1Per curiam
This proceeding originated in an application, made to the County Court, under the County Law, to compel the board of supervisors of Monroe county to refund taxes, illegally assessed, but voluntarily paid. (L. 1892, ch. 686,. § 16-) '
In August, 1880, one Henry McCue, the father of the petitioner, died, leaving a will by which he devised to his wife a. house and lot in the village of Brockport, in said county. Eorfifteen years thereafter said house and lot was annually assessed. for state and county taxes to the “ Estate of Henry McCue,” without any qualifying or additional description. During…
2Cases cited3 opinions
- Cromwell v. . MacLeanNew York Court of Appeals · 1890
- Trowbridge v. . HoranNew York Court of Appeals · 1879
- Matter of Adams v. . SupervisorsNew York Court of Appeals · 1898
3Cited by14 opinions
- Fox v. EdwardsCourt of Appeals for the Second Circuit · 1923
- Matter of Village of DelhiNew York Court of Appeals · 1911
- Olivere v. TaylorCourt of Chancery of Delaware · 1949
- People Ex Rel. McHarg v. . GausNew York Court of Appeals · 1901
- In re ReidAppellate Division of the Supreme Court of the State of New York · 1900
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