Legal Opinion

People v. . the Assessors of Albany

New York Court of Appeals

Decided March 20, 1869PublishedCited by 24 opinions

This was a certiorari to review the proceedings of the hoard of assessors of the city of Albany, in assessing, for the year 1868, “ Thomas W. Olcott, and Joseph O. Y. Paige, chamberlain of the city of Albany, trustees of the sinking fund of the Western Railroad Corporation,” &c., under the head of “ personal,” the sum of $500,000. It appeared, by the return made by the assessors, to the writ, that an application was made to them, in behalf of the trustees,to have that…

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This was a certiorari to review the proceedings of the hoard of assessors of the city of Albany, in assessing, for the year 1868, “ Thomas W. Olcott, and Joseph O. Y. Paige, chamberlain of the city of Albany, trustees of the sinking fund of the Western Railroad Corporation,” &c., under the head of “ personal,” the sum of $500,000. It appeared, by the return made by the assessors, to the writ, that an application was made to them, in behalf of the trustees,to have that assessment struck from the roll,” and that the only evidence, offered in that application, was the affidavit of Olcott, one of…

1Opinion of the CourtDaniels, J.

It will be unnecessary to determine, whether § 6, of chapter 176, of the Laws of 1851, as amended by § 5 of chapter 536, of the Laws of 1851, repealed § 9 of the act relating to assessments in the city of Albany. (1 R. S., 5th ed., 912, § 21; Id., 979, § 9.) For the affidavit, presented to the respondent, in support of the application, made for the correction of the assessment, was accepted and received as the proper statutory proof required to be made in the case. If any objection to it, in that respect, had been intended, it was the duty of the respondent to make it, at the time when the…

2Cases cited2 opinions

  1. Swift v. . City of PoughkeepsieNew York Court of Appeals · 1868
  2. Mullins v. . the PeopleNew York Court of Appeals · 1862

3Cited by24 opinions

  1. Dryden v. SwinburneWest Virginia Supreme Court · 1882
  2. People v. . Trustees of Village of OgdensburghNew York Court of Appeals · 1872
  3. People Ex Rel. Haines v. SmithNew York Court of Appeals · 1871
  4. Milwaukee Iron Co. v. SchubelWisconsin Supreme Court · 1872
  5. People Ex Rel. S. U.H.R.R. Co. v. . BettsNew York Court of Appeals · 1874

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