Legal Opinion

Apgar v. . Hayward

New York Court of Appeals

Decided October 2, 1888PublishedCited by 5 opinions

Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made May 12, 1886, which overruled defendants’ exceptions and directed judgment on a verdict. (Reported1 below, 21 J. & S. 357.) The nature of the action and the material facts are stated in the opinion.

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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made May 12, 1886, which overruled defendants’ exceptions and directed judgment on a verdict. (Reported1 below, 21 J. & S. 357.) The nature of the action and the material facts are stated in the opinion. The defendants having jurisdiction of the persons and property assessed, are not liable in damages for erroneous action, or illegal procedure, after jurisdiction acquired. (Williams v. Weaver, 75 N. Y. 30; Bank of Chemung v. Elmira, 53 id. 49; Darwin v. Strick-land, 57 id. 492;…

1Opinion of the CourtDanforth, J.

The action is against the defendants, as commissioners of taxes and assessments in the city of New York, for acts done by them in the year 1881, in consequence of which the plaintiff charges that his property and that of other persons, his assignors, was taken and applied to the payment of taxes illegally imposed. Upon trial in the Superior Court of the city of New York, it appeared that the plaintiff and his assignors were residents of New York city, and owners respectively of certain shares in the North River Bank, an institution located in the Third ward of that city, with a capital of…

2Cited by5 opinions

  1. Clarke v. Mayor of New YorkNew York Court of Appeals · 1889
  2. People ex rel. New York & New Jersey Telephone Co. v. NeffAppellate Division of the Supreme Court of the State of New York · 1897
  3. Bailey v. BerkeyU.S. Circuit Court for the District of Northern California · 1897
  4. People ex rel. First National Bank v. ButtonNew York Supreme Court · 1892
  5. In re PierceNew York Supreme Court · 1889

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