Legal Opinion

People ex rel. Burrows v. Board of Supervisors

New York Supreme Court

Decided July 14, 1857PublishedCited by 7 opinions

APPEAL from an order made at a special term, ordering a peremptory mandamus to issue. Upon an affidavit made by the relator, stating that he was the comptroller of the state of New York; that the board of supervisors of Orange county, at their last annual meeting, refused to levy or cause to be collected any tax upon the taxable property of the county of Orange, under or by virtue of chapter 335 of the laws of 1855, entitled “ An act to provide the means to support the…

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APPEAL from an order made at a special term, ordering a peremptory mandamus to issue. Upon an affidavit made by the relator, stating that he was the comptroller of the state of New York; that the board of supervisors of Orange county, at their last annual meeting, refused to levy or cause to be collected any tax upon the taxable property of the county of Orange, under or by virtue of chapter 335 of the laws of 1855, entitled “ An act to provide the means to support the government,” and had ever since refused to levy the same; that the amount of said state tax to be levied and collected under…

1Opinion of the Court

By the Court, Emott, J.

Whatever may be our decision of this question, it is to be presented to the Court of Appeals. Their determination will be submitted to, if not respected, because it will be final. As far as this court is concerned, after the distinct intimation which was made to us, I should feel disposed simply to pronounce the judgment. which we deem right, without stating at any length the reasoning by which we have reached it, were it not that one of the members of the court, justly respected for his learning and experience, dissents from our conclusion. This induces me to give the…

2Cases cited1 opinion

  1. Sun Mutual Insurance v. Mayor of New YorkThe Superior Court of New York City · 1851

3Cited by7 opinions

  1. Commonwealth v. BrownSupreme Court of Virginia · 1895
  2. State v. MartinSupreme Court of Arkansas · 1895
  3. People ex rel. Crowell v. LawrenceNew York Supreme Court · 1862
  4. King v. City of PortlandOregon Supreme Court · 1865
  5. Tuskaloosa Bridge Co. v. OlmsteadSupreme Court of Alabama · 1867

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