Legal Opinion

People Ex Rel. Western Union Telegraph Co. v. Dolan

New York Court of Appeals

Decided April 14, 1891PublishedCited by 10 opinions

Appeal from judgments of the General Term of the Supreme Court in the third judicial department, entered upon orders made the first Tuesday of Hay, 1890, which affirmed orders entered upon decision of Special Term quashing writs of certiorari, in proceedings to review assessments upon the relator’s property in the city of Troy for the years 1885, 1886 and 1887. The facts, so far as material, are stated in the opinion For the purpose of appeal the determination of the lower…

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Appeal from judgments of the General Term of the Supreme Court in the third judicial department, entered upon orders made the first Tuesday of Hay, 1890, which affirmed orders entered upon decision of Special Term quashing writs of certiorari, in proceedings to review assessments upon the relator’s property in the city of Troy for the years 1885, 1886 and 1887. The facts, so far as material, are stated in the opinion For the purpose of appeal the determination of the lower court in proceedings by certiorari to review an assessment under chapter 269, Laws of 1880, although in form a judgment,…

1Opinion of the CourtPeckham, J.

We have lately held in People ex rel. West Shore Railroad Company v. Adams, Trustee, etc. (125 N. Y. 471), that a person, under the circumstances in which this relator stood, failing to appear before the board of assessors on what is known as grievance day, is guilty of such laches as to warrant the court in refusing to grant him any relief in the premises.

It sufficiently appears in this proceeding that the relator did thus fail in the years 1885 and 1887.

This leaves only the assessment of 1886 open for inspection and review.

In the affidavit made on the part of the relator to procure the…

2Cases cited3 opinions

  1. American Rapid Telegraph Co. v. HessNew York Court of Appeals · 1891
  2. People Ex Rel. Buffalo & State Line Railroad v. BarkerNew York Court of Appeals · 1871
  3. People Ex Rel. West Shore Railroad v. AdamsNew York Court of Appeals · 1891

3Cited by10 opinions

  1. Inter-Island Steam Navigation Co. v. ShawHawaii Supreme Court · 1897
  2. People ex rel. Hudson v. State Board of Tax CommissionersAppellate Division of the Supreme Court of the State of New York · 1911
  3. People ex rel. Buffalo, R. & P. Railway Co. v. DuguidNew York Supreme Court · 1893
  4. People ex rel. Oak Hill Cemetery Ass'n v. PrattNew York Supreme Court · 1893
  5. In re the Transfer Tax On the Estate of RussellNew York Surrogate's Court · 1922

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