People ex rel. Seelye v. Keefe
Appellate Division of the Supreme Court of the State of New York
Appeal-by the defendants, John B. Keefe and others, as assessors, - etc., from an order of the Supreme Court, made ht the SaratogaSpecial Term and entered in the office of the clerk of the county of ■ Warren on the 8th day of December, 190.6, reducing an assessment • upon the relators’ property. Order unanimously' affirmed, with costs, upon opinion of McLaughlin, J.,. at Special Term.
1Opinion of the Court
Tbe following is the; opinion delivered at Special Term:
McLaughlin, J.:
The relators obtained a writ of certiorari to review an assessment . upon their property for the purpose of taxation. Upon the return of the' writ the respondents moved to dismiss the same, upon'the ■ ground that relief, if obtained at al.I, must, be by mandamus and -not by certiorari. ,
The' assessing board had jurisdiction, and acted, and, therefore, a mandamus would not lié to compel it to act in,any particular way. ' ' Certiorari, is the proper remedy to review its acts. . (People ex rel. Chambers v. Wells, 110 App.…
2Cases cited4 opinions
- Mygatt v. . WashburnNew York Court of Appeals · 1857
- In re American Fine Arts SocietyAppellate Division of the Supreme Court of the State of New York · 1896
- Boyd v. GrayNew York Supreme Court · 1867
- People ex rel. Chambers v. WellsAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- Gokey v. GokeyAppellate Division of the Supreme Court of the State of New York · 1930