Strough v. Board of Supervisors
New York Supreme Court
Case submitted on agreed statement. Action by Byron J. ¡¿trough, supervisor of the town of Orleans, -against the board of supervisors of the county of Jefferson, to compel the payment into a sinking fund, for the benefit of the town, of taxes collected from the Clayton & Theresa Railroad Company. Code Civil Proc.
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Case submitted on agreed statement. Action by Byron J. ¡¿trough, supervisor of the town of Orleans, -against the board of supervisors of the county of Jefferson, to compel the payment into a sinking fund, for the benefit of the town, of taxes collected from the Clayton & Theresa Railroad Company. Code Civil Proc. N. Y. § 410, provides: “Where a right exists, but a demand is necessary to entitle a person to maintain an action, the time within which the action must be commenced must be computed from the time when the right to make the demand is complete, ” except in specified instances.
1Opinion of the CourtFollett, J.
The questions in difference between these parties are brought before the court by a submission entered into pursuant to sections 1279 and 1280 of the Code of Civil Procedure. In 1871 the county judge of Jefferson county adjudged (pursuant to chapter 907 of the Laws of 1869) that a majority of the tax-payers, representing a majority of the taxable property of the town of Orleans, had duly consented that bonds of said tow-n be issued to the amount of $80,000, and invested in the stock of the Clayton & Theresa Railroad Company, and appointed three commissioners to carry the adjudication into…
2Cases cited11 opinions
- Kane v. BloodgoodNew York Court of Chancery · 1823
- Fagnan v. . KnoxNew York Court of Appeals · 1876
- Newman v. . Supervisors of Livingston Co.New York Court of Appeals · 1871
- Yorks's AppealSupreme Court of Pennsylvania · 1885
- Matter of Clark v. . SheldonNew York Court of Appeals · 1887
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- Denton v. HymanCourt of Appeals for the Second Circuit · 2007
- City of Centerville v. Turner CountySouth Dakota Supreme Court · 1910
- Denton v. Hyman (In Re Hyman)United States Bankruptcy Court, S.D. New York · 2005
- Head's Iron Foundry v. SandersNew York Supreme Court · 1894
- Webb v. Hecox, New York County Courts1899
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