People Ex Rel. President of the Delaware & Hudson Canal Co. v. Parker
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the third judicial department, entered upon an order made February T, 1889, which affirmed a judgment of Special Term dismissing' a writ of certiora/ri issued under the act. (Chap. 269, Laws of 1880) to review an alleged assessment made in the town of Highland, Sullivan county, upon the property of the relator for the year 1886. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme-Court in the third judicial department, entered upon an order made February T, 1889, which affirmed a judgment of Special Term dismissing' a writ of certiora/ri issued under the act. (Chap. 269, Laws of 1880) to review an alleged assessment made in the town of Highland, Sullivan county, upon the property of the relator for the year 1886. The facts, so far as material, are stated in the opinion. The learned General Term made an error when it assumed the proceedings under review was, In effect, converted into a proceeding in the nature of…
1Opinion of the CourtFinch, J.
The relator complains of the judgment of the
General Term which dismissed its writ of cerUorari issued under the act of 1880. The illegality which was asserted as sufficient to invalidate and annul the assessment upon its corporate property was founded upon an inquiry into the title of assessors to their office, and a denial of their right to act as such at all. The trial court found that the two who alone made up and certified the roll were not, in truth, assessors either de jure or de facto. Assuming that to be true, the appellate court, nevertheless, held that the wrong could not be…
2Cases cited3 opinions
- People Ex Rel. Mygatt v. Supervisors of Chenango CountyNew York Court of Appeals · 1854
- Van Leuven v. Lyke & DumondNew York Court of Appeals · 1848
- Doughty v. HopeNew York Supreme Court · 1846
3Cited by15 opinions
- People Ex Rel. Copcutt v. . Board of HealthNew York Court of Appeals · 1893
- C. H. O. B. Associates, Inc. v. Board of AssessorsNew York Supreme Court · 1964
- Van Deventer v. . Long Island CityNew York Court of Appeals · 1893
- People ex rel. Rendrock Powder Co. v. FeitnerAppellate Division of the Supreme Court of the State of New York · 1899
- Board of Education v. ParsonsNew York Supreme Court · 1969
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