Mayor, Etc., of City of N.Y. v. . Davenport
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made the 2d day of February, 1883, which affirmed a judgment, entered upon an order sustaining a demurrer to plaintiff’s complaint. The averments of the complaint, so far as material, are substantially stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made the 2d day of February, 1883, which affirmed a judgment, entered upon an order sustaining a demurrer to plaintiff’s complaint. The averments of the complaint, so far as material, are substantially stated in the opinion. The plaintiff is invested with both the power and the duty to protect its custody of all moneys in its treasury, or to be received therein, and to-test the. legality of all attempts to interfere therewith. (U. S. v. R. R. Co., 17 Wall. 322-329 ; People v.…
1Opinion of the CourtFinch, J.
The causes of action pleaded were tested by a demurrer, which the courts below have sustained. The city alleged two wrongs inflicted by the State. The first was an unjust and in correct determination of taxable values by the board of equalization, which imposed upon the city more than its due share of the aggregate State tax. The second was a compulsory payment by the city, running through a period of twenty years, of taxes which could not be collected from the persons assessed. Such deficiencies exceeded two millions of dollars, for which the city claimed credit as against the State.
Both…
2Cases cited2 opinions
- Barhyte v. . ShepherdNew York Court of Appeals · 1866
- Bellinger v. . GrayNew York Court of Appeals · 1873
3Cited by35 opinions
- Hacker v. HoweNebraska Supreme Court · 1904
- People v. PitcherSupreme Court of Colorado · 1916
- Strough v. Board of Supervisors of Jefferson CountyNew York Court of Appeals · 1890
- Orr v. State Board of EqualizationIdaho Supreme Court · 1891
- City of New York v. . McLeanNew York Court of Appeals · 1902
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