Legal Opinion

People Ex Rel. Ward v. . Sutton

New York Court of Appeals

Decided March 1, 1921PublishedCited by 18 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 31, 1919, which reversed an order of Special Term denying.a motion to quash a writ of certiorari for the review of assessments upon relators’ real property and granted said motion. The facts, so far as material, are stated in the opinion.

1Opinion of the CourtCardozo, J.

The petitioners sued out a writ of certiorari for the review of assessments upon real property in the city of New Rochelle (Tax Law, sec. 290; Consol. Laws, chap. 60). They charged both overvaluation and inequality. The respondents moved to quash the writ on the ground that the petition was insufficient on its face. The motion, denied at Special Term, was granted at the Appellate Division, and the writ dismissed. The decision went “ upon the ground that the petition is insufficient as to the claim of overvaluation because the extent of overvaluation is stated in the aggregate for both parcels…

2Cases cited7 opinions

  1. Matter of CorwinNew York Court of Appeals · 1892
  2. People ex rel. Erie Railroad v. WebsterAppellate Division of the Supreme Court of the State of New York · 1900
  3. People ex rel. New York Central & Hudson River Railroad v. BudlongAppellate Division of the Supreme Court of the State of New York · 1898
  4. People ex rel. Fiske v. FeitnerAppellate Division of the Supreme Court of the State of New York · 1904
  5. People ex rel. New York v. WakemanAppellate Division of the Supreme Court of the State of New York · 1911

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3Cited by18 opinions

  1. People Ex Rel. City of New York v. . KeelerNew York Court of Appeals · 1924
  2. City of Little Falls v. Board of Assessors of SalisburyAppellate Division of the Supreme Court of the State of New York · 1979
  3. People Ex Rel. Dexter Sulphite Pulp & Paper Co. v. HughesNew York Court of Appeals · 1927
  4. Siemer v. Village Board of Orchard ParkAppellate Division of the Supreme Court of the State of New York · 1955
  5. In re Allen Square Co.Appellate Division of the Supreme Court of the State of New York · 1926

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