Matter of Corwin
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 9, 1892, which reversed an order of Special Term, denying a motion to quash a writ of certiorari. The nature of the proceeding and the facts, so far as material, are stated in the opinion. In construing the act the courts have simply said that it is unfair to invoke the aid of the court unless the complaining party has first made known his grievance to the assessors.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made May 9, 1892, which reversed an order of Special Term, denying a motion to quash a writ of certiorari. The nature of the proceeding and the facts, so far as material, are stated in the opinion. In construing the act the courts have simply said that it is unfair to invoke the aid of the court unless the complaining party has first made known his grievance to the assessors. (People ex rel. v. Colemam, 41 Hun, 307.) The point that the appearance and affidavit of the attorney before the assessors,…
1Opinion of the CourtMaynabd, J.
The relator obtained expa/rte a writ of certiorari at Special Term, under the act of 1880 (Chap. 269, Laws of 1880), to review the action of the assessors of the city of Middletown in making up ttheir assessment-roll for the year 1891.
The principal ground of error complained of, and the only one now insisted upon, was the inequality of Ms assessment of personal property, compared with the property assessments of other taxpayers of the city. Upon the return to the writ the respondents made a motion to quash, which was denied, and an order of reference granted to take proofs upon the matters in…
2Cases cited2 opinions
- Rochester Railway Co. v. RobinsonNew York Court of Appeals · 1892
- People Ex Rel. Warren v. . CarterNew York Court of Appeals · 1888
3Cited by37 opinions
- People Ex Rel. Village of Brockport v. SutphinNew York Court of Appeals · 1901
- People ex rel. Denney v. ClarkAppellate Division of the Supreme Court of the State of New York · 1939
- People Ex Rel. American Sugar Refining Co. v. SextonNew York Court of Appeals · 1937
- People Ex Rel. Ward v. . SuttonNew York Court of Appeals · 1921
- People ex rel. Hall v. OuderkirkAppellate Division of the Supreme Court of the State of New York · 1907
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