Legal Opinion

People Ex Rel. v. . Supervisors of Queens Co.

New York Court of Appeals

Decided October 5, 1880PublishedCited by 8 opinions

Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, reversing a judgment in favor of plaintiff entered upon return to a writ of certiorari and reversing and setting aside the writ.

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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, reversing a judgment in favor of plaintiff entered upon return to a writ of certiorari and reversing and setting aside the writ. (Reported below, 18 Hun, .4.) The relator, as a tax payer of said town, made application for the writ for the purpose of reviewing the proceedings of the defendant in including in the annual tax-roll of the town of Flushing items for the payment of interest and an installment of principal falling due on bonds of the town, issued under authority of defendant to pay for…

1Per curiam

We are of opinion that the General Term, instead of reversing the judgment of the Special Term on the merits, should have reversed it without considering the merits, on the ground that upon the facts appearing on the return, no relief could be granted. It appears by the return to the certiorari, that prior to the issuing of the writ the board of supervisors had issued its warrant to the tax collector of the town of Flushing, for the collection of the annual tax levied by the board, which included the items for the payment of the installment of principal and interest to become due during the…

2Cases cited1 opinion

  1. People ex rel. Church v. Supervisors of AlleganyNew York Supreme Court · 1836

3Cited by8 opinions

  1. State ex rel. Heller v. LawlerWisconsin Supreme Court · 1899
  2. People ex rel. Jonas v. Board of Town AuditorsAppellate Division of the Supreme Court of the State of New York · 1900
  3. People ex rel. Hoesterey v. TaylorNew York Supreme Court · 1923
  4. People ex rel. Rice v. Board of Auditors of HannibalNew York Supreme Court · 1892
  5. State Ex Rel. Anderson v. Soldiers Bonus BoardSupreme Court of Minnesota · 1925

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