Tucker v. City of Utica
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Oneida county. Action by Catherine M. Tucker against the city of Utica to have certain tax assessments canceled. Findings of fact and conclusions of law were made and filed, and a judgment entered thereon dismissing the plaintiff’s complaint as to the first cause of action, and awarding relief as to the second cause of action, to wit, declaring that an assessment for $10.41 is illegal and void.
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Appeal from special term, Oneida county. Action by Catherine M. Tucker against the city of Utica to have certain tax assessments canceled. Findings of fact and conclusions of law were made and filed, and a judgment entered thereon dismissing the plaintiff’s complaint as to the first cause of action, and awarding relief as to the second cause of action, to wit, declaring that an assessment for $10.41 is illegal and void. The court decided that neither party should have costs against the other. The plaintiff appeals from that part of the judgment which declares that the local assessment of…
1Opinion of the CourtHardin, P. J.
Plaintiff’s husband was a soldier in the war' of the Rebellion, having been a member of Company K, 5th regiment, New York volunteers. He died May 1, 1870, leaving the plaintiff, his widow, and three children under 16 years of act, to wit, Elma, who became 16 years of age November 5, 1870; Ada, who became 16 years of age August 11, 1872; and Emily, who became 16 years of age February 4, 1877. The United States government awarded to the widow a certificate for pension under which she drew $1,900, being $8 per month from May 2, 1870, and $12 per month from March 19, 1886. In the forepart of the…
2Cases cited12 opinions
- Hassan v. . City of RochesterNew York Court of Appeals · 1876
- In re the Mayor of New-YorkNew York Supreme Court · 1814
- Swift v. . City of PoughkeepsieNew York Court of Appeals · 1868
- United States Trust Co. v. Mayor of New YorkNew York Court of Appeals · 1895
- Roosevelt Hospital v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1881
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