People Ex Rel. Jones v. . Feitner
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 18, 1898, reversing an order of Special Term granting a peremptory writ of mandamus. The relator showed by her petition that she was the widow of Jeptha A. Jones, who died at the city of Brooklyn on January 1, 1891. Jones was a veteran of the late war, and was granted by the Federal government a pension on account of wounds received during service.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 18, 1898, reversing an order of Special Term granting a peremptory writ of mandamus. The relator showed by her petition that she was the widow of Jeptha A. Jones, who died at the city of Brooklyn on January 1, 1891. Jones was a veteran of the late war, and was granted by the Federal government a pension on account of wounds received during service. In 1881 Jones purchased certain real estate in the city of Brooklyn, on account of the payment for which he applied the sum of…
1Per curiam
The only question it is necessary to determine in this case is whether the relator was entitled to the exemption claimed. We think she was not. As the law stood when the assessments complained of wrere made, pension money or real property purchased with it was exempt from execution, and as this court held in Yates Co. Nat. Bank v. Carpenter (119 N. Y. 550) it was likewise exempt from assessment and taxation. But that exemption was personal to the pensioner, and did not extend to property owned hy another, even though it were his wife. It is true the law is now otherwise (Laws 1897, ch. 347),…
2Cases cited1 opinion
- Yates County National Bank v. CarpenterNew York Court of Appeals · 1890
3Cited by4 opinions
- Bull v. CaseAppellate Division of the Supreme Court of the State of New York · 1899
- Joyce v. RussellWisconsin Supreme Court · 1909
- Pines v. TraktmanNew York Supreme Court · 1918
- Wadsworth v. Board of SupervisorsNew York Supreme Court · 1908