In re Kellinger
New York Court of Chancery
This was an application by the collector of the ward in the city of New-York in which the office of the assistant register of this court is located, for an order directing such assistant register to pay to the petitioner, for the use of the corporation of the city, a tax of $7048, assessed against the court of chancery in 1838; on account of the funds and securities belonging to suitors in the court, standing in the name of the assistant register, either as such register or…
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This was an application by the collector of the ward in the city of New-York in which the office of the assistant register of this court is located, for an order directing such assistant register to pay to the petitioner, for the use of the corporation of the city, a tax of $7048, assessed against the court of chancery in 1838; on account of the funds and securities belonging to suitors in the court, standing in the name of the assistant register, either as such register or as clerk of the first circuit.
1Opinion of the Court
The Chancellor.
As this application involved the rights of all the suitors in this court who had funds standing in the name of one of its officers, as well as the rights of the towns or wards where such suitors reside to tax them for their interests in such funds, I directed notice of the petition to be given to the attorney general, as well as to the late assistant register. But as neither of those officers appeared to argue against the application, I am compelled to decide the question involved therein upon the ex parte argument of the counsel for the petitioner, who is also the counsel for…
2Cited by9 opinions
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- Trustees of Public Schools v. TaylorNew Jersey Court of Chancery · 1879
- People v. LardnerCalifornia Supreme Court · 1866
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