Legal Opinion

People ex rel. Ogdensburgh & L. C. R. R. Co. v. Pond

New York Supreme Court

Decided July 1, 1882PublishedCited by 16 opinions

Appeal from judgment on certiorari. Certiorari was issued on the relation of the Ogdensburgh & Lake Champlain Railroad Company, against G-eorge K. Pond, John C. Childs, and Matthias Emerick, as assessors, and William McKenzie, of the town of Burke in Franklin county. ' On the return, the court referred it to J. C. Saunders, Esq., to take testimony, and report the same to the court.

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Appeal from judgment on certiorari. Certiorari was issued on the relation of the Ogdensburgh & Lake Champlain Railroad Company, against G-eorge K. Pond, John C. Childs, and Matthias Emerick, as assessors, and William McKenzie, of the town of Burke in Franklin county. ' On the return, the court referred it to J. C. Saunders, Esq., to take testimony, and report the same to the court. It appeared that the road extends from Ogdensburgh to Rouse’s Point, 118 miles in length, and passes through the town of Burke; thé length of the road through the town of Burke is 4 99-100 miles. The principal…

1Opinion of the CourtJoseph Pottee, J.

This is a proceeding by certiorari under chapter 269 of the laws of 1880, to review and correct an alleged erroneous assessment of the tax against the above respondent’s property.

1 have examined the proof taken by the referee in this matter, in connection with the allegation of the petition upon which the writ was granted, and the re*4turn of the respondents with such degree of care as the time at my disposal would permit.

I have been very materially assisted in the work by the thorough and able brief of counsel.

The statute under which the proceeding is had, imposes a very delicate and…

2Cases cited4 opinions

  1. People Ex Rel. Citizens' Gas-Light Co. v. Board of AssessorsNew York Court of Appeals · 1868
  2. People Ex Rel. Buffalo & State Line Railroad v. BarkerNew York Court of Appeals · 1871
  3. People ex rel. Buffalo & State Line Railroad v. FredericksNew York Supreme Court · 1866
  4. People Ex Rel. New York Elevated Railroad v. Commissioners of Taxes & AssessmentsNew York Court of Appeals · 1880

3Cited by16 opinions

  1. Oregon & Cal. R. R. v. Jackson CountyOregon Supreme Court · 1901
  2. People ex rel. Powers v. KalbfleischAppellate Division of the Supreme Court of the State of New York · 1898
  3. People ex rel. Lehigh Valley Railway Co. v. HarrisNew York Supreme Court · 1938
  4. Onondaga County Water District v. Board of AssessorsNew York Supreme Court · 1971
  5. People ex rel. Albany & Greenbush Bridge Co. v. WeaverNew York Supreme Court · 1884

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