Brehm v. . Mayor, Etc., of N.Y.
New York Court of Appeals
Appeal from order of the Q-eneral Term of the Supreme Court in the first judicial department made March 8, 1886, which reversed a judgment in favor of defendant entered upon a decision of the court on trial without a jury. (Reported below, 39 Hun, 533.) The nature of the action and the material facts are stated in the opinion. The action is barred by the statute of limitations.
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Appeal from order of the Q-eneral Term of the Supreme Court in the first judicial department made March 8, 1886, which reversed a judgment in favor of defendant entered upon a decision of the court on trial without a jury. (Reported below, 39 Hun, 533.) The nature of the action and the material facts are stated in the opinion. The action is barred by the statute of limitations. (Code of Proc. §§ 382, 410; Meehan v. Mayor, etc., 28 Hun, 642; Dickinson v. Mayor, etc., 92 N. Y. 584; Fisher v. Mayor, etc., 67 id. 76; Lyle v. Murray, 4 Sandf. S. C. 590-595; White v. Southland, 2 Alb. L. J. 50, 51;…
1Opinion of the Court
Rapallo J.
This action was brought to recover money paid to discharge the lien of an assessment, which, after the payment, had been vacated by order of the Supreme Court.
The trial was before the court without a jury. The Court at Circuit dismissed the complaint. The General Term reversed the judgment of dismissal and ordered a new trial, and the present appeal is from the order of reversal.
The only ground stated on the motion to dismiss, was that there was no proof that the plaintiff ever, paid the money.
The money was paid under the following circumstances. The land upon which the assessment…
2Cases cited1 opinion
- Dickinson v. . the Mayor, Etc., of City of N.Y.New York Court of Appeals · 1883
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- Colby v. Columbia CountyWisconsin Supreme Court · 1996
- Matter of City of New York (Elm Street)New York Court of Appeals · 1924
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