Terrel v. . Wheeler
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Oourt in the second judicial dejrartment, entered upon an order made June 25, 1888, which overruled exceptions and denied a motion for a new trial and ordered that plaintiff have judgment upon a verdict directed in her favor. This was an action of ejectment and to recover damages for an alleged wrongful withholding of real estate in the city of Brooklyn.
Read the full summary
Appeal from judgment of the General Term of the Supreme Oourt in the second judicial dejrartment, entered upon an order made June 25, 1888, which overruled exceptions and denied a motion for a new trial and ordered that plaintiff have judgment upon a verdict directed in her favor. This was an action of ejectment and to recover damages for an alleged wrongful withholding of real estate in the city of Brooklyn. Plaintiff claimed title through a tax sale under the act (Chap. 114, Laws of 1883) known as the Arrearage Act, which act and the sale under it defendants claim to he void. Defendant’s…
1Opinion of the CourtEarl, J.
After our decision in the case of Brevoort v. City of Brooklyn (89 N. Y. 128), holding that certain tax impositions were void on account of defective verifications of. the assessment-rolls by the assessors, the legislature passed the .act (Chap. 363, Laws of 1882) confirming the taxes there tofore imposed, and thereafter no tax in Kings county assessed before the passage of that act could be assailed on account of any irregularity. The taxes were not invalid for want of jurisdiction to impose them, nor because any constitutional rights of the tax-payer had been disregarded or violated, but…
2Cases cited5 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Williams v. Supervisors of AlbanySupreme Court of the United States · 1887
- Brevoort v. . the City of BrooklynNew York Court of Appeals · 1882
- Matter of Applicat'n of Clementi v. . JacksonNew York Court of Appeals · 1883
- Matter of ZborowskiNew York Court of Appeals · 1877
3Cited by13 opinions
- Carroll v. AlsupTennessee Supreme Court · 1901
- People Ex Rel. American Exchange National Bank v. PurdyNew York Court of Appeals · 1909
- Alamogordo Improvement Co. v. HennesseeNew Mexico Supreme Court · 1936
- Cleveland v. . City of WatertownNew York Court of Appeals · 1917
- Lee v. FaroneAppellate Division of the Supreme Court of the State of New York · 1941
8 more not listed; retrieve them via the Exa API.