Legal Opinion

People Ex Rel. Chamberlain v. Forrest

New York Court of Appeals

Decided October 7, 1884PublishedCited by 34 opinions

Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made June 23, 1883, which affirmed a judgment of Special Term, reducing an assessment made upon the relator as trustee, etc.

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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made June 23, 1883, which affirmed a judgment of Special Term, reducing an assessment made upon the relator as trustee, etc. This was a proceeding by certiorari under and pursuant to chapter 269, Laws of 1880. The action of the assessors in changing the amount assessed to the relator from that appearing upon the roll at the time it was deposited for inspection and before the day appointed to hear objections was not illegal. (Laws of 1880, chap. 269, § 1; 1 Crary’s Spec.…

1Opinion of the CourtFinch, J.

We need not at present deny that assessors, after the completion of their roll and during the statutory notice of twenty days preceding the final hearing and review, may correct a mere clerical error, apparent upon the face of the roll, and which the parties interested, by mere inspection, could see was such. Thus, a mistake in the footing of several separate items, obvious to any one examining the computation, might, perhaps, be corrected in the manner adopted by the defendants m the present case. But we must go much further than that in order to sustain the appeal of the assessors. It has…

2Cases cited2 opinions

  1. Hermance v. Board of SupervisorsNew York Court of Appeals · 1877
  2. Clark v. . NortonNew York Court of Appeals · 1872

3Cited by34 opinions

  1. Matter of Better World Real Estate Group v. New York City Dept. of Fin.Appellate Division of the Supreme Court of the State of New York · 2014
  2. Buchanan Sheriff v. West Ky. Coal Co.Court of Appeals of Kentucky (pre-1976) · 1927
  3. Prairie Oil Gas Co. v. Cruce, GovernorSupreme Court of Oklahoma · 1915
  4. Reconstruction Finance Corp. v. Borough of NaugatuckSupreme Court of Connecticut · 1949
  5. People ex rel. New York & New Jersey Telephone Co. v. NeffAppellate Division of the Supreme Court of the State of New York · 1897

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