Van Rensselaer v. Kidd
New York Supreme Court
In Equity. This was a motion to dissolve an injunction on bill and answer. The bill was filed for relief against assessments and taxes imposed under the act entitled “ an act to equalize taxation,” passed May 13,1846, to collect which, warrants had been issued by the defendant as treasurer of Albany county. It was claimed on the part of the plaintiff that the said act was void, and if not void, that the assessments made under it were unjust, illegal and oppressive.
Read the full summary
In Equity. This was a motion to dissolve an injunction on bill and answer. The bill was filed for relief against assessments and taxes imposed under the act entitled “ an act to equalize taxation,” passed May 13,1846, to collect which, warrants had been issued by the defendant as treasurer of Albany county. It was claimed on the part of the plaintiff that the said act was void, and if not void, that the assessments made under it were unjust, illegal and oppressive. The particular grounds on which the plaintiff asked relief, sufficiently appear in the opinion of the court.
1Opinion of the Court
By the Court, Parker, J.
On a motion to dissolve the injunction in Livingston v. Hollenbeck, Sheriff of Columbiana) I had occasion to examine, at some length, several of the questions discussed on the argument of this motion. For my views, therefore, upon the constitutionality of the act of 1846, entitled “ an act to equalize taxation,” and the right of the landlord to reduce his tax under it by affidavit, I refer to my opinion in that case. It is unnecessary now to repeat the reasons why I think that act constitutional, and why the landlord has the right to avail himself of affidavits before…
2Cases cited6 opinions
- Mayor of Brooklyn v. MeseroleNew York Supreme Court · 1841
- Doren v. Mayor of New-YorkNew York Court of Chancery · 1842
- Mohawk & Hudson Railroad v. CluteNew York Court of Chancery · 1834
- Campbell v. MorrisonNew York Court of Chancery · 1838
- Patterson v. Mayor of New YorkNew York Court of Chancery · 1828
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Advantage Media, L.L.C. v. City Of Eden PrairieCourt of Appeals for the Eighth Circuit · 2006
- United States v. NunezCourt of Appeals for the Fifth Circuit · 1999
- Mercer Health & Benefits LLC v. DiGregorioDistrict Court, S.D. Illinois · 2018
- Sixth-Avenue Railroad v. MayorNew York Supreme Court · 1892
- Terry Wendell Copeland v. Richard A. Lanham, Sr., Commissioner Sewall B. Smith, Warden Gary Lutz, Captain Isaac Mitchell, CaptainCourt of Appeals for the Fourth Circuit · 1994
1 more not listed; retrieve them via the Exa API.