People Ex Rel. Hamilton Park Co. v. Wemple
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 15,1893, which confirmed an order and determination of Edward Wemple, as comptroller.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made February 15,1893, which confirmed an order and determination of Edward Wemple, as comptroller. This proceeding was instituted by writ of certiorari, brought for the purpose of reviewing the decision of Edward Wemple, late comptroller of the state of Hew York, made December 30, 1891, canceling three several tax sales made by the state in the years 1877, 1881 and 1885, , of lands in the town of Long Lake, Hamilton county, for taxes. The sale of 1877 was for taxes assessed…
1Opinion of the Court
Andrews, Ch. J.
The point urged by the relator, that the owner of land sold for taxes is not entitled under the statute to apply fo the comptroller for the cancellation of a tax sale, and that the comptroller has no jurisdiction to entertain and act upon an application by the owner for such cancellation, is, if well taken, decisive of the case and requires a reversal of the proceedings.
The decision of the comptroller now under review, which canceled tax sales of 1871, 1881 and 1885, of lands in Hamilton county, was rendered on the application of the Adirondack Railway Company, made Hov. 17,…
2Cases cited3 opinions
- People v. . TurnerNew York Court of Appeals · 1889
- People Ex Rel. Ostrander v. . ChapinNew York Court of Appeals · 1887
- People Ex Rel. Wright v. . ChapinNew York Court of Appeals · 1886
3Cited by7 opinions
- People Ex Rel. Millard v. . RobertsNew York Court of Appeals · 1897
- People Ex Rel. Witte v. . RobertsNew York Court of Appeals · 1894
- Ne-ha-sa-ne Park Ass'n v. LloydAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Millard v. RobertsAppellate Division of the Supreme Court of the State of New York · 1896
- In re HarrisNew York Supreme Court · 1895
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