Leinen v. Elter
New York Supreme Court
Appeal by the city of Rochester and its treasurer from the order of the Monroe Special Term, declaring certain general city taxes and assessments, levied and imposed by the common council of the city of Rochester upon a portion of the lands sold under the proceedings had in the above entitled action to be invalid and void, and enjoining and restraining the mayor of said city from executing and delivering any lease to any holder of certificates of sales for said taxes and…
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Appeal by the city of Rochester and its treasurer from the order of the Monroe Special Term, declaring certain general city taxes and assessments, levied and imposed by the common council of the city of Rochester upon a portion of the lands sold under the proceedings had in the above entitled action to be invalid and void, and enjoining and restraining the mayor of said city from executing and delivering any lease to any holder of certificates of sales for said taxes and assessments. This action was brought for the partition of certain lands owned by the parties, as tenants in common, part of…
1Opinion of the Court
Barker, J„°.
The appellants contend that the order appealed from should be reversed for the reason that the Special Term did not acquire jurisdiction over the subject-matter of the controversy. This question may, very properly, be first considered. I am of the opinion that the appellants’ position is entirely correct, and that so much of the order as is appealed from should be reversed without considering the validity of the tales assessed upon the property and claimed by the appellants to be a valid lien thereon. The premises were assessed as an entire parcel, and the taxes levied thereon, if…
2Cases cited3 opinions
- Barnard v. . OnderdonkNew York Court of Appeals · 1885
- Halsted v. . HalstedNew York Court of Appeals · 1874
- Harwood v. KirbyNew York Court of Chancery · 1829