The People Ex Rel. Millard v. . Chapin
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made May 10,1886, which reversed an order of Special Term refusing a peremptory writ of mandamus, and which directed the issuing of said writ, requiring the State comptroller to refund to the petitioner the purchase-money paid on an invalid sale of land for taxes.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made May 10,1886, which reversed an order of Special Term refusing a peremptory writ of mandamus, and which directed the issuing of said writ, requiring the State comptroller to refund to the petitioner the purchase-money paid on an invalid sale of land for taxes. (Reported below, 40 Hun, 386). It appeared, that, at the State tax sale in 1859, a number of parcels of land in Erie county were struck off to one ifenderson, who assigned his bids to Maurice E. Yiele, to whom the State comptroller…
1Opinion of the CourtDanforth, J.
By petition verified October 6, 1885, the relator applied at Special Term for a peremptory mandamus, requiring the comptroller to pay him $721.57, the sum, with interest, of moneys paid by a purchaser of fifty or more lots of land at an invalid tax sale made in 1859. The application was denied at Special Term, but its order was reversed and the writ granted by the General Term.
The ob jection of the relator that the order is not appealable to this court,'is not well founded. The discretion of the court to grant or refuse the writ is not absolute, but governed by legal rules, and its exercise…
2Cases cited1 opinion
- People Ex Rel. Gas-Light Co. v. . Common CouncilNew York Court of Appeals · 1879
3Cited by48 opinions
- People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
- People Ex Rel. Harris v. Commissioners of the Land OfficeNew York Court of Appeals · 1896
- County of San Luis Obispo v. GageCalifornia Supreme Court · 1903
- Teeple v. State ex rel. BowerIndiana Supreme Court · 1908
- People Ex Rel. Lehmaier v. Interurban Street Railway Co.New York Court of Appeals · 1904
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