Legal Opinion

People ex rel. Rogers v. Spencer

New York Court of Appeals

Decided November 11, 1873PublishedCited by 4 opinions

Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment of the county judge of Steuben county in proceedings to bond the town of Greenwood, in said county, in aid of the Rochester, Hornellsville and Pine Creek Railroad Company, which were brought up for review by writ of certiorari.

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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment of the county judge of Steuben county in proceedings to bond the town of Greenwood, in said county, in aid of the Rochester, Hornellsville and Pine Creek Railroad Company, which were brought up for review by writ of certiorari. The petition, upon which the proceedings were based, is as follows: “ To the County Judge of the County of Steuben: “ The petition of the undersigned respectfully states, that your petitioners are a majority of the tax-payers of the municipal…

1Opinion of the CourtAndrews, J.

The jurisdiction of the county judge to exercise the authority conferred by the act under which the proceedings were instituted for bonding the town of Greenwood depended upon the presentation to him, in the first instance, of a petition in. conformity with the act. (Laws 1869, chap. 907, as amended by chap. 925, Laws 1871.)

The first section provides that the petition shall state that the petitioners constitute a majority of the tax-payers representing a majority of the property appearing and assessed upon, the last preceding assessment or tax roll of the municipal corporation to which the…

2Cases cited1 opinion

  1. Adkins v. BrewerNew York Supreme Court · 1824

3Cited by4 opinions

  1. Appeal of S. O. HoughtonCalifornia Supreme Court · 1871
  2. Kemp v. DicksonIndiana Superior Court · 1871
  3. T. Cumins & Co. v. LeightonAppellate Court of Illinois · 1881
  4. Shelton v. StateOhio Supreme Court · 1922

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