Townsend v. Mayor of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Reported below, 16 Hun, 362.) This action was brought by plaintiff, as the owner of real estate in the city of New York, to have certain taxes upon said real estate, alleged by him to be illegal, set aside and canceled as a cloud on the title.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant, entered upon a decision of the court on trial without a jury. (Reported below, 16 Hun, 362.) This action was brought by plaintiff, as the owner of real estate in the city of New York, to have certain taxes upon said real estate, alleged by him to be illegal, set aside and canceled as a cloud on the title. The illegality alleged was that the tax was imposed by the board of aldermen as supervisors of the county of New York, in pursuance of the provisions…
1Opinion of the CourtEarl, J.
We have carefully examined this case, and entertain no doubt that the tax. in question was legally imposed, and that for that reason the judgment ought to be affirmed. But the affirmance of the judgment does not depend upon the validity of the tax, and hence an elaborate statement of our reasons for holding the validity would be a waste of time, as the judgment will have to be affirmed if' every fact alleged and all the learned argument made by the-plaintiff be conceded.
The action is to set aside and cancel the tax, upon the-ground that it is illegal and a cloud upon plaintiff’s title-to his…
2Cases cited2 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Scott v. . OnderdonkNew York Court of Appeals · 1856
3Cited by11 opinions
- Wason v. MajorColorado Court of Appeals · 1897
- Bernstein v. SchoenfeldAppellate Division of the Supreme Court of the State of New York · 1903
- Welde v. ScottenCourt of Appeals of Maryland · 1882
- McMahon v. BeekmanNew York Supreme Court · 1883
- Second Nat. Bank of Titusville v. CaldwellDistrict Court, W.D. Pennsylvania · 1882
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