Worden v. Oneida County
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary A. Worden, from a judgment of the Supreme Qourt in favor of the defendant, entered in the office of the clerk of the county of Oneida on the 25th day of January, 1898, upon the decision of the court rendered after a trial at the Oneida Special Term dismissing her complaint on the merits, without costs.
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Appeal by the plaintiff, Mary A. Worden, from a judgment of the Supreme Qourt in favor of the defendant, entered in the office of the clerk of the county of Oneida on the 25th day of January, 1898, upon the decision of the court rendered after a trial at the Oneida Special Term dismissing her complaint on the merits, without costs. This action was begun October 13, 1896, to set aside the assessments made on the plaintiff’s realty in the years 1890, 1891, 1892, 1893, 1894 and 1896, and to recover eighteen dollars and eighty-one cents, paid June 15, 1891, for taxes assessed in 1890; fourteen…
1Opinion of the Court
Follett, J.:
This case will be decided on the theory that all the undecided issues were or should have been determined in favor of the plaintiff.
By the statutes of this State pension money “ granted by the United States or by a State for military or naval services ” is “ exempt from levy and sale by virtue of an execution ” (Code Civ. Proc. § 1393), and has been since May 1, 1877. (Chaps. 448, 449, Laws of 1876 ; Code of Rem. Just. §§ 1393, 1496.) In March, 1890, the Court of Appeals construed section 1393 of the Code of Civil Procedure and held that realty “ necessary or convenient for the…
2Cases cited11 opinions
- Weaver v. DevendorfNew York Supreme Court · 1846
- Yates County National Bank v. CarpenterNew York Court of Appeals · 1890
- Barhyte v. . ShepherdNew York Court of Appeals · 1866
- United States Trust Co. v. Mayor of New YorkNew York Court of Appeals · 1895
- People ex rel. Manhattan Fire Insurance v. Board of Commissioners of Taxes & AssessmentsNew York Court of Appeals · 1879
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3Cited by1 opinion
- In re BaumgartenAppellate Division of the Supreme Court of the State of New York · 1899