Winegard v. Kromer
New York Supreme Court
This is a motion to set aside and vacate a writ of certiorari, to review the action of the assessors of the town of Seward, Schoharie county, in assessing property of the relator.
1Opinion of the CourtMayham, J.
The defendants moved to set aside a writ of certiorari granted in the above matter upon three grounds, specified in the notice of motion, as follows:
First. It ivas improperly granted concerning matters not raised before the assessors.
Second. The town clerk should have been made a party to the proceedings.
Third. The writ was not authorized by section 3 of chapter 269 of the Laws of 1880, and the Code of Civil Procedure.
I do not think the objection that the relator failed to appear and object on grievance day, can prevail on this motion, for the reason that while that would be a fatal objection…
2Cases cited1 opinion
- People Ex Rel. West Shore Railroad v. AdamsNew York Court of Appeals · 1891
3Cited by1 opinion
- People ex rel. Dreicer v. OuderkirkNew York Supreme Court · 1894