Ass'n for the Benefit of Colored Orphans v. Mayor of New York
New York Court of Appeals
These were cross appeals from a judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made January 8, 1886, which affirmed in part and reversed in part a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below 38 Hun, 593.) The nature of the action, and the material facts, are set forth in the opinion.
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These were cross appeals from a judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made January 8, 1886, which affirmed in part and reversed in part a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. (Reported below 38 Hun, 593.) The nature of the action, and the material facts, are set forth in the opinion. Aside from the religious instruction the giving of which is shown to be an important branch of the business of plaintiff, it is certainly a religious association within the meaning of the…
1Opinion of the CourtPeckham, J.
The plaintiff commenced this action to set aside as a cloud upon its title the lien of certain taxes which the taxing officers of defendant had assumed to levy upon its lands situated in that city and exclusively used by it for the purposes of its incorporation. The taxes were levied, from the years 1877 to 1880, both inclusive, and amounted to something over $2,000. The Special Term granted judgment in favor of the plaintiff and enjoined the collection of the tax for any one of the years mentioned.
Hpon appeal to the General Term that court affirmed the judgment as to all the years but 1877,…
2Cases cited2 opinions
- Chegaray v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1855
- Schwerin v. . McKieNew York Court of Appeals · 1872
3Cited by47 opinions
- In Re the Last Will & Testament of VassarNew York Court of Appeals · 1891
- Ætna Insurance v. Mayor of New YorkNew York Court of Appeals · 1897
- Horton v. Colorado Springs Masonic Building SocietySupreme Court of Colorado · 1917
- People ex rel. Doctor's Hospital, Inc. v. SextonAppellate Division of the Supreme Court of the State of New York · 1944
- Lathers v. . KeoghNew York Court of Appeals · 1888
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