Legal Opinion

People Ex Rel. Millard v. . Roberts

New York Court of Appeals

Decided January 26, 1897PublishedCited by 14 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered August 5, 1896, which affirmed on certiorari a decision of the comptroller of the state in refusing to cancel certain "tax sales made in the years 1866 and 1881. The facts, so far as material, are stated in the opinion. The relators had the right to call upon the comptroller to hear and determine their application.

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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered August 5, 1896, which affirmed on certiorari a decision of the comptroller of the state in refusing to cancel certain "tax sales made in the years 1866 and 1881. The facts, so far as material, are stated in the opinion. The relators had the right to call upon the comptroller to hear and determine their application. (People ex rel. v. Chapin, 105 N. Y. 309; People v. Turner, 145 N. Y. 451; 117 N. Y. 227; Guest v. City of Brooklyn, 69 N. Y. 506 ; People ex rel. v. Wemple, 139 N. Y.…

1Opinion of the CourtO’Brien, J.

The relators applied to the comptroller, alleging that they were the owners of certain lands in the county of Franklin, which had been sold for taxes in the year 1881, and bid in by the comptroller for the state. They asked that the sale be canceled and set aside on account of certain defects and irregularities specified in the moving papers.

The comptroller denied the application, and the Appellate Division, upon certiorari, affirmed his determination. It is not necessary to notice the particular defects or irregularities in the sale that are claimed to constitute the grounds of the…

2Cases cited7 opinions

  1. People v. . TurnerNew York Court of Appeals · 1889
  2. People v. . TurnerNew York Court of Appeals · 1895
  3. People Ex Rel. Ostrander v. . ChapinNew York Court of Appeals · 1887
  4. People Ex Rel. Wright v. . ChapinNew York Court of Appeals · 1886
  5. Ostrander v. . DarlingNew York Court of Appeals · 1891

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Turner v. New YorkSupreme Court of the United States · 1897
  2. Saranac Land & Timber Co. v. Comptroller of New YorkSupreme Court of the United States · 1900
  3. Saranac Land & Timber Co. v. RobertsNew York Court of Appeals · 1909
  4. People ex rel. McGuinness v. LewisAppellate Division of the Supreme Court of the State of New York · 1908
  5. Saranac Land & Timber Co. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1908

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