People ex rel. Delaware & H. Canal Co. v. Assessors of Sharon
New York Supreme Court
Laws H. Y. 1880, c. 269, provides that the supreme court may allow a writ of certiorari on the petition of any person or corporation assessed and claiming to be aggrieved, to review an assessment, when the petition shall set forth that the assessment is illegal, specifying the grounds of such illegality, or is erroneous by reason of overvaluation, or is unequal, etc.; and, if it shall appear by the return to such writ that the assessment is illegal or erroneous, the court…
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Laws H. Y. 1880, c. 269, provides that the supreme court may allow a writ of certiorari on the petition of any person or corporation assessed and claiming to be aggrieved, to review an assessment, when the petition shall set forth that the assessment is illegal, specifying the grounds of such illegality, or is erroneous by reason of overvaluation, or is unequal, etc.; and, if it shall appear by the return to such writ that the assessment is illegal or erroneous, the court may order it to be stricken from the roll, or order a reassessment of the property, or correct the assessment in whole or…
1Opinion of the CourtLearned, P. J.
In each of these two cases a writ of certiorari under chapter 269, Laws 1880, had been issued to review assessments of relator’s property. The defendants moved on notice to modify the order and the writ, so as not to require any return as to the inequality of the assessment in question as compared with other assessments, and so as to prevent the relator from raising on the return, or in the proceedings, any other question than that of the legal exemption from taxation under chapter 297, Laws 1886. The order and writ were so modified, and the relator appeals. The affidavits of the relator…
2Cases cited1 opinion
- People Ex Rel. Mutual Union Telegraph Co v. Commissioners of TaxesNew York Court of Appeals · 1885
3Cited by2 opinions
- Paddock v. LewisNew York Supreme Court · 1890
- People ex rel. Western Union Telegraph Co. v. DolanNew York Supreme Court · 1890