Legal Opinion

In re Winegard

New York Supreme Court

Decided May 8, 1894PublishedCited by 4 opinions

Appeal from special term, Schoharie county. Application by Elizabeth Winegard for writ of certiorari to review a tax assessment made by Jedediah Hynds, Charles Kromer, and Peter A. Strail, assessors of the town of Seward. The writ was granted, and defendants’ motion to set aside and vacate the same was denied (25 IN'. Y. Supp. 48), and defendants appeal. Modified.

1Opinion of the CourtPutnam, J.

This is an appeal from an order denying defendants’ motion to set aside a writ of certiorari granted in this proceeding. Petitioner, a resident of the town of Seward, NT. Y., on the 16th day of August, 1892, appeared before the board of assessors of said town, and asked that an assessment against her of $5,000 on personal property be stricken from the assessment roll on the ground that she had no personal property liable to be assessed. The learned counsellor for the appellants suggests that the writ sought to be vacated was not authorized by section 3' of chapter 269 of the Laws of 1880, as…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Clemence v. . City of AuburnNew York Court of Appeals · 1876
  2. People Ex Rel. Mutual Union Telegraph Co v. Commissioners of TaxesNew York Court of Appeals · 1885
  3. People Ex Rel. West Shore Railroad v. AdamsNew York Court of Appeals · 1891
  4. People ex rel. New York Central & Hudson River Railroad v. CookNew York Supreme Court · 1891
  5. People ex rel. Corwin v. Assessors of MiddletownNew York Supreme Court · 1892

3Cited by4 opinions

  1. In re Cathedral of the Incarnation in the Diocese of Long IslandAppellate Division of the Supreme Court of the State of New York · 1904
  2. People ex rel. Sweet v. BlakeNew York Supreme Court · 1911
  3. People ex rel. Edison Electric Illuminating Co. v. FeitnerNew York Supreme Court · 1902
  4. People ex rel. Erie Railroad v. WebsterAppellate Division of the Supreme Court of the State of New York · 1900

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