Legal Opinion

Tallmadge v. Board of Supervisors

New York Supreme Court

Decided February 15, 1856PublishedCited by 3 opinions

MOTIOJST for an injunction. The complaint alleged that the hoard of supervisors during their annual session of 1855, adopted an amended report on equalization whereby they proposed to add $300,000 in gross to the assessed valuation of the town of Schodack, which amount, with other sums tp he added to another town and the city of Troy, were to be deducted in other gross sums from other towns, and that the addition of the sum of $300,000 to the aggregate valuation of the town…

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MOTIOJST for an injunction. The complaint alleged that the hoard of supervisors during their annual session of 1855, adopted an amended report on equalization whereby they proposed to add $300,000 in gross to the assessed valuation of the town of Schodack, which amount, with other sums tp he added to another town and the city of Troy, were to be deducted in other gross sums from other towns, and that the addition of the sum of $300,000 to the aggregate valuation of the town of Schodack, was not the result of any computation made by adding any percentage or sum upon the hundred, and was made…

1Opinion of the CourtHarris, J.

It was the dúty of the board of supervisors to examine the several assessment rolls returned to them, and to compare them with each other, and thus to ascertain What relation they bore to each other. Having done this, they were authorized to add to, or deduct from the aggregate valuation of the real estate in any town or ward, such amount as, in theii opinion, would be necessary in order to produce a just relation between all the towns and wards. The only restriction upon this power to increase or diminish the aggregate valuation of the real estate in any town or ward, is found in the last…

2Cited by3 opinions

  1. Pioneer Iron Co. v. City of NegauneeMichigan Supreme Court · 1898
  2. Great Falls Mutual Fire Insurance v. HarveySupreme Court of New Hampshire · 1864
  3. People v. HagadornNew York Supreme Court · 1885

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