Worden v. Oneida County
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Mary A. Worden against Oneida county. From a judg ment dismissing the complaint, plaintiff appeals.
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Appeal from special term. Action by Mary A. Worden against Oneida county. From a judg ment dismissing the complaint, plaintiff appeals. This action was begun October 13, 1896, to set aside the assessments made on the plaintiff’s realty in the years 1890, 1891, 1892, 1893, 1894, and 1896, and to recover $18.81, paid June 15, 1891, for taxes assessed in 1890; $14.29, paid February 1, 1892, for taxes assessed in 1891; $16.87, paid May 2, 1893, for taxes assessed in 1892; $24.57, paid August 9, 1894, for taxes assessed in 1893; and $14.79, paid January 21, 1895, for taxes assessed in 1894,— upon…
1Opinion of the CourtFollett, J.
This case will be decided on the theory that all the undecided issues were or should have been determined in favor of the plaintiff. By the statutes of this state, pension money “granted by the United States or by a state for military or naval services” is “exempt from levy and sale, by virtue of an execution” (Code Civ. Proc. § 1393) and has been since March 1, 1877 (Laws 1876, cc. 448, 449; Code of Remedial Justice, §§ 1393, 1496). In March, 1890, the court ■of appeals construed section 1393 of the Code of Civil Procedure, and held that realty “necessary or convenient for the support and…
2Cases cited18 opinions
- People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
- Weaver v. DevendorfNew York Supreme Court · 1846
- Yates County National Bank v. CarpenterNew York Court of Appeals · 1890
- Barhyte v. . ShepherdNew York Court of Appeals · 1866
- United States Trust Co. v. Mayor of New YorkNew York Court of Appeals · 1895
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