Legal Opinion

Carroll v. McArdle

Appellate Division of the Supreme Court of the State of New York

Decided June 20, 1913PublishedCited by 3 opinions

Reargument of a controversy submitted upon an agreed statement of facts pursuant to section 1279 of the Code of Civil Procedure. (See 155 App. Div. 912.)

1Opinion of the Court

Rich, J.:

This is a submission of a controversy under the provisions of sections 1279-1281 of the Code of Civil Procedure, and has been here before. Upon reconsideration we are of the opinion that our judgment was correct and that the plaintiff is entitled to succeed.

*405The question is whether the General Tax Law (Gen. Laws, chap. 24; Laws of 1896, chap. 908) repealed by implication a special act of the Legislature (Laws of 1874, chap. 610), and the acts amendatory thereof, which provided for the collection of unpaid taxes in the several towns of the county of Westchester. I thin V it may be…

2Cases cited7 opinions

  1. People Ex Rel. Fleming v. . DaltonNew York Court of Appeals · 1899
  2. Pratt Institute v. . City of New YorkNew York Court of Appeals · 1905
  3. In Re the Appraisal, Under the Transfer Tax Act, of the Estate of HuntingtonNew York Court of Appeals · 1901
  4. Fulton v. . KrullNew York Court of Appeals · 1910
  5. Cone v. LauerAppellate Division of the Supreme Court of the State of New York · 1909

2 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Peterson v. . MartinoNew York Court of Appeals · 1914
  2. Halleran v. ManzioneNew York Supreme Court · 1938
  3. Albany Syndicate for a Writ of Mandamus v. RunkleNew York Supreme Court · 1917

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