People Ex Rel. Cooper v. Registrar of Arrears of Brooklyn
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court of the second judicial department, made September 19, 1887, which affirmed a (final order of Special Term granting a peremptory writ of mandamus, the requirements of which, as well as the material facts, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court of the second judicial department, made September 19, 1887, which affirmed a (final order of Special Term granting a peremptory writ of mandamus, the requirements of which, as well as the material facts, are stated in the opinion. The relator must make out a case as a plaintiff would and show himself free from imputation of want of care, and that he took every step which a reasonable man should take before he can ask the aid of the court against the negligence of the respondent. (People ex rel. Post v. Ransom, 2 N. Y. 492; People ex…
1Opinion of the Court
Follett, Ch. J.
The relator for many years has owned lots Hos. 41, 42 and 43 in block Ho. 55 in the city of Brooklyn. On March 18,1886, the taxes assessed upon these lots, for the years 1882, 1883, 1884 and 1885, were due and in arrear. On this date the relator called at the office of the registrar, whose duty it was to receive payment for taxes in arrear, and he told the clerk, who was charged with the duty of furnishing taxpayers with a statement of the amount due from them for taxes, “ that I wanted him to give me all the bills for my taxes and assessments, water rent and liens against the…
2Cases cited3 opinions
- Matter of Applicat'n of Clementi v. . JacksonNew York Court of Appeals · 1883
- Van Benthuysen v. . SawyerNew York Court of Appeals · 1867
- Forrest v. HenrySupreme Court of Minnesota · 1885
3Cited by15 opinions
- City of Austin v. CahillTexas Supreme Court · 1905
- Bryan v. . McGurkNew York Court of Appeals · 1911
- Wallace v. . McEchronNew York Court of Appeals · 1903
- Gould v. SullivanWisconsin Supreme Court · 1893
- People Ex Rel. Staples v. . SohmerNew York Court of Appeals · 1912
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