Legal Opinion

People ex rel. Batt v. Rushford

Appellate Division of the Supreme Court of the State of New York

Decided March 15, 1903PublishedCited by 4 opinions

Appeal by the defendants, Andrew H. Rushford and others, as ■•assessors of the town of Clinton in the .county of Clinton and State ■of ¡New York, from a judgment of the Supreme Court in favor of the relators, entered in the office of the clerk of the county of Clinton on the 24th day of July, 1901, upon an order made at the ¡Montgomery Special Term, and entered in said clerk’s office on the 15th day of July, 1901, confirming the report, of a referee and reducing the…

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Appeal by the defendants, Andrew H. Rushford and others, as ■•assessors of the town of Clinton in the .county of Clinton and State ■of ¡New York, from a judgment of the Supreme Court in favor of the relators, entered in the office of the clerk of the county of Clinton on the 24th day of July, 1901, upon an order made at the ¡Montgomery Special Term, and entered in said clerk’s office on the 15th day of July, 1901, confirming the report, of a referee and reducing the relators’ assessment in the said town of Clinton, and also from said order upon which such judgment was entered.

1Opinion of the Court

Chase, J.:

The town of Clinton is situated in the northern part of Clinton county, adjoining the Canada line. It contains 40,656 acres, consisting principally of wooded and rough farming land. It had by the census of 1895 a population of 2,377. The town contains two small villages, Cherubusco and Clinton Mills,- each of which has a railroad station, a post office and general stores. In the town is a steam lumbering mill and two or three creameries. The assessment roll for 1898 contains the names of 350 resident real property owners and 538 distinct pieces of real property are assessed. The…

2Cases cited3 opinions

  1. Parmenter v. . FitzpatrickNew York Court of Appeals · 1892
  2. People, Ex Rel. Mayor, Etc. v. . McCarthyNew York Court of Appeals · 1886
  3. People ex rel. O'Shea v. LantryAppellate Division of the Supreme Court of the State of New York · 1899

3Cited by4 opinions

  1. People ex rel. Four Park Avenue Corp. v. LillyAppellate Division of the Supreme Court of the State of New York · 1942
  2. Theopold v. CurtsingerSupreme Court of Minnesota · 1927
  3. Rathbone v. AyerAppellate Division of the Supreme Court of the State of New York · 1907
  4. Universal Steel Export Co. v. N. & G. Taylor Co.Appellate Division of the Supreme Court of the State of New York · 1924

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