Legal Opinion

People ex rel. American Contracting & Dredging Co. v. Wemple

New York Supreme Court

Decided May 21, 1891PublishedCited by 10 opinions

Application by the American Contracting & Dredging Company for a writ of certiorari to review the determination of Edward Wemple, comptroller of the state of New York, made on its application for the revision and readjustments of accounts for taxes against the relator for the years 1887, 1888, and 1889. The relator is a corporation of the state of New York organized under the manufacturing act of 1848, and extended by chapter 365 of the Laws of 1875, was incorporated August…

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Application by the American Contracting & Dredging Company for a writ of certiorari to review the determination of Edward Wemple, comptroller of the state of New York, made on its application for the revision and readjustments of accounts for taxes against the relator for the years 1887, 1888, and 1889. The relator is a corporation of the state of New York organized under the manufacturing act of 1848, and extended by chapter 365 of the Laws of 1875, was incorporated August 22,1882, with a paid-up capital of $2,000,000, divided into 20,000 shares of $100 each, and in and by the certificate of…

1Opinion of the CourtMayham, J.

The defendant raises three preliminary objections to this writ, and insists that it should be quashed: (1) Because the application for it was not made within 30 days after service upon the relator by the comptroller of notice of settlement of the tax in question. (2) Because the paper upon which the motion for the writ was made, and notice of motion for the writ, were not served upon the comptroller eight days before the making of the motion. (8) That the writ of certiorari should not have been issued in this case, because the determination sought to be reviewed could be adequately reviewed…

2Cases cited7 opinions

  1. People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
  2. People Ex Rel. Sims v. Board of Fire CommissionersNew York Court of Appeals · 1878
  3. People Ex Rel. the Panama Railroad v. Commissioners of TaxesNew York Court of Appeals · 1887
  4. People Ex Rel. Osgood v. Commissioners of TaxesNew York Court of Appeals · 1885
  5. People ex rel. the Commissioner of Highways v. ConnorNew York Supreme Court · 1866

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3Cited by10 opinions

  1. People ex rel. Edison Electric Illuminating Co. v. WempleNew York Supreme Court · 1891
  2. People ex rel. Blackinton Co. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1896
  3. People ex rel. Edison Electric Light Co. v. WempleNew York Supreme Court · 1892
  4. People ex rel. Postal Telegraph Cable Co. v. CampbellNew York Supreme Court · 1893
  5. In re WoodAppellate Division of the Supreme Court of the State of New York · 1906

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