In re the Trustees of the New York Protestant Episcopal Public School
New York Court of Appeals
' A sale of land was made under an order of the Supreme Court of first district, at Special Term, and the above named persons became purchasers, severally, of distinct parcels, and deposited with the referee sums equal to ten per cent on the several amounts bid by them respectively. They united in an application to the court for an order that these sums should be returned to them.
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' A sale of land was made under an order of the Supreme Court of first district, at Special Term, and the above named persons became purchasers, severally, of distinct parcels, and deposited with the referee sums equal to ten per cent on the several amounts bid by them respectively. They united in an application to the court for an order that these sums should be returned to them. Counter applications against them, severally, to compel them to complete then respective purchases, were made by the trustees of the school. All these applications were heard together, before the court, at Special…
1Opinion of the Court
Denio, Ch. J.
If the statute of 1859 can be sustained as an exercise of the legislative power of local taxation, several of the suggestions, which it would otherwise be necessary to consider, will be inapplicable. When the State, or a local division of it, acting under a law of the State, seizes and sells land for the non-payment of taxes, or of public charges in the nature of taxes imposed on such land, the proceeding *580is administrative and not judicial. The legislature may or may not make use of judicial forms or judicial tribunals, as shall seem most convenient, or most conducive to the…
2Cases cited9 opinions
- Owens v. . the Missionary Society of the M.E. ChurchNew York Court of Appeals · 1856
- Dutch Church in Garden-Street v. MottNew York Court of Chancery · 1838
- Elder of First Baptist Church in Hartford v. WitherellNew York Court of Chancery · 1831
- Lawrence v. BayardNew York Court of Chancery · 1838
- Stocking v. HuntNew York Supreme Court · 1846
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3Cited by18 opinions
- People v. . TurnerNew York Court of Appeals · 1889
- Bascom v. . AlbertsonNew York Court of Appeals · 1866
- Betts v. BettsNew York Supreme Court · 1878
- Wilson v. VoightSupreme Court of Colorado · 1886
- Ferry v. . SampsonNew York Court of Appeals · 1889
13 more not listed; retrieve them via the Exa API.