Bassett v. . Wheeler
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court, in the fourth judicial department, made October 23, 1878, which reversed an order of the County Court of Onondaga county, denying a motion on the part of defendant to set aside an order in supplementary proceedings for the collection of a tax granted ex porte under the act chapter 361, Laws of 1867, by the county judge, requiring the defendant “ to appear and answer concerning her property.”
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Appeal from an order of the General Term of the Supreme Court, in the fourth judicial department, made October 23, 1878, which reversed an order of the County Court of Onondaga county, denying a motion on the part of defendant to set aside an order in supplementary proceedings for the collection of a tax granted ex porte under the act chapter 361, Laws of 1867, by the county judge, requiring the defendant “ to appear and answer concerning her property.” The facts appear sufficiently in the opinion. The order granted for the' examination of the respondent concerning her property was proper and…
1Opinion of the CourtDanforth, J.
It was shown by affidavit'that a tax of $83.95 was levied in 1876 by the board of supervisors of Onondaga county, upon Ellen Wheeler," and returned to the county treasurer uncollected for want of goods and ’chattels. In the affidavit she was described as a resident of the town of Salina, and it may he assumed that enough was stated to give the county judge jurisdiction over the matter, and authority to issue an order requiring Miss Wheeler “ to appear and answer concerning her property,” as provided by chapter 361 of the Laws of ,1867. The proceeding was, however, exponte,- and it was…
2Cited by2 opinions
- De Meli v. . De MeliNew York Court of Appeals · 1890
- Phelps v. New York, New Haven & Hartford RailroadAppellate Division of the Supreme Court of the State of New York · 1897