Austen v. Crilly
Appellate Division of the Supreme Court of the State of New York
Appeal by Francis J. Crilly from ail order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of October, 1896, committing him to the county jail in default of the payment of a personal tax imposed upon him.
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Appeal by Francis J. Crilly from ail order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of October, 1896, committing him to the county jail in default of the payment of a personal tax imposed upon him. In opposition to the motion to enforce payment of such tax said Crilly submitted the following affidavit: Francis J. Crilly, above named, being duly sworn, deposes and says that for the past fifteen years, including .the year 1895, he has been and now is a resident of Haverford township, Delaware county,…
1Opinion of the Court
Barrett, J.:
Mr. Crilly admits that he has a residénce in New York as well as in Pennsylvania. The Pennsylvania residence he characterizes as “ permanent; ” the New York residence as “ temporary.” The statute (2 R. S. [8th ed.] 1094) makes no such distinction. It provides that every person “shall .be assessed in the town or ward where he resides when the assessment is made for all personal estate owned by him.” Mr. Crilly tells us that his temporary residence in this city commenced on the 1st day of October, 1894. Apparently it has 'been continued from that day to this. •. It certainly…
2Cases cited4 opinions
- Frost & Dickinson v. BrisbinNew York Supreme Court · 1837
- In re ThompsonNew York Supreme Court · 1828
- Douglas v. Mayor of New YorkThe Superior Court of New York City · 1853
- Bartlett v. Mayor of New YorkThe Superior Court of New York City · 1851
3Cited by8 opinions
- Bowring v. BowersCourt of Appeals for the Second Circuit · 1928
- In re the Probate of the Last Will & Testament of GahnNew York Surrogate's Court · 1920
- Ginell v. Prudential InsuranceNew York Supreme Court · 1922
- Paul v. Missouri State Life InsuranceMissouri Court of Appeals · 1932
- Bennett v. WatsonAppellate Division of the Supreme Court of the State of New York · 1897
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