Legal Opinion

People Ex Rel. Hecker-Jones-Jewell Milling Co. v. Barker

New York Court of Appeals

Decided October 8, 1895PublishedCited by 9 opinions

Appeals from orders of the General Term of the Supreme Court in the first judicial department, made April 11, 1895, which affirmed orders of Special Term dismissing writs of certiorari. The facts, so far as material, are stated in the opinion. The sum invested in this state by the relator was the surplus of its assets in this state after deducting the indebtedness incurred by it in the acquisition of such assets.

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Appeals from orders of the General Term of the Supreme Court in the first judicial department, made April 11, 1895, which affirmed orders of Special Term dismissing writs of certiorari. The facts, so far as material, are stated in the opinion. The sum invested in this state by the relator was the surplus of its assets in this state after deducting the indebtedness incurred by it in the acquisition of such assets. (Clark v. Bailey, 12 Blatchf. 156 ; Williams v. Bd. of Suprs., 78 N. Y. 561; People ex rel. v. Barker, 141 id. 118 ; 39 N. E. Rep. 1065 ; Thomas on Mort. 98 ; Conan v. Lakey, 80 N.…

1Opinion of the CourtPeokham, J.

The above relator' obtained two writs of certiorari under chapter 269 of the Laws of 1880, for the purpose of reviewing the action of the above defendants in assessing the relator for all sums invested in its business in this state in the years 1893 and 1894, a separate writ having issued dor each assessment. The defendants were commissioners of taxes and composed the board of taxes and assessments of the city and county of blew York, and they made an assessment in each of the above years against the relator which is a foreign corporation having money invested in this state, such assessment…

2Cases cited1 opinion

  1. People Ex Rel. Thurber, Whyland Co. v. BarkerNew York Court of Appeals · 1894

3Cited by9 opinions

  1. In re the Appraisal of the Property of KingAppellate Division of the Supreme Court of the State of New York · 1902
  2. People ex rel. Barney v. BarkerAppellate Division of the Supreme Court of the State of New York · 1897
  3. Nichols v. StateSupreme Court of Arkansas · 1926
  4. Irvine v. F. H. Palmer Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1896
  5. In re Kings's EstateAppellate Division of the Supreme Court of the State of New York · 1902

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