Legal Opinion

Joseph Fahys & Co. v. Vaughn

New York Supreme Court

Decided August 15, 1910Published

Motion to make permanent an injunction restraining the defendant from collecting and receiving taxes under the tax levy of 1910.

1Opinion of the CourtPutnam, J.

Plaintiff, a domestic corporation, as a local taxpayer, brings this suit in equity to enjoin the collection of the tax assessment made upon the 12th day of July, 1910. The complaint avers: (a) defects in the assessment roll, in that the property assessed is not sufficiently described, in that the land is not properly described so that it can be located, and the quantity of land not properly stated; (b) illegal acts of the assessors, in that they did not give required notice of the meeting to complete the assessment roll and of the time for hearing complaints in relation thereto, and did not…

2Cases cited10 opinions

  1. Mercantile Nat. Bank v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1902
  2. Cone v. LauerAppellate Division of the Supreme Court of the State of New York · 1909
  3. President, Managers & Co. of the Delaware & Hudson Canal Co. v. AtkinsNew York Court of Appeals · 1890
  4. Trumbull v. PalmerAppellate Division of the Supreme Court of the State of New York · 1905
  5. Allter v. Village of St. JohnsvilleAppellate Division of the Supreme Court of the State of New York · 1909

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