People ex rel. Troy Union Railroad v. Carter
New York Supreme Court
Appeal from special term, Rensselaer county. Certiorari by the Troy Union Railroad Company against Edward Carter, James Maloney, Christian W. Rapp, and Michael A. Tierney, General Assessors of the City of Troy, and William J. Roche, Comptroller of the City of Troy.
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Appeal from special term, Rensselaer county. Certiorari by the Troy Union Railroad Company against Edward Carter, James Maloney, Christian W. Rapp, and Michael A. Tierney, General Assessors of the City of Troy, and William J. Roche, Comptroller of the City of Troy. The relator was incorporated under the general railroad act about the year 1852. On June 20, 1851, before its incorporation, chapter 255 of the laws of that year was passed, authorizing the city of Troy, and such railroad corporations as should then or thereafter come to the city of Troy, or which had, or should have, their…
1Opinion of the CourtLearned, P. J.
We think that under chapter 269, Laws 1880, the writ was properly issued, and that it should not have been quashed either as against the assessors or as against the comptroller. It issued against the assesors, because it was to review their action; against the comptroller, because the roll was in his possession. The case of People v. McLean, 80 N. Y. 254, cited by the defendants, was decided in February, 1880, and did not arise under this act. So of many other cases cited by defendants. The case of People v. Tompkins, 40 Hun, 228, could not have been a case under this act, as will.appear on…
2Cases cited3 opinions
- People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
- Humphrey v. PeguesSupreme Court of the United States · 1873
- People Ex Rel. Bay State Shoe & Leather Co. v. McLeanNew York Court of Appeals · 1880
3Cited by7 opinions
- People Ex Rel. N.Y.C. H.R.R.R. Co. v. . MealeyNew York Court of Appeals · 1918
- New York Ex Rel. Troy Union Railroad v. MealySupreme Court of the United States · 1920
- Troy Union Railroad v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1929
- People ex rel. New York Central & Hudson River Railroad v. MealyNew York Supreme Court · 1915
- People ex rel. Dwight v. PlattNew York Supreme Court · 1895
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