People ex rel. Dreicer v. Ouderkirk
New York Supreme Court
Appeal from special term. Certiorari by Jacob Dreicer to review the proceedings of Isaac T. Ouderkirk and others, as assessors. From an order requiring defendants to make and file a return to the writ without payment or tender of their fees, defendants appeal. Reversed.
1Opinion of the CourtMayham, P. J.
The assessment roll which the relator, by his certiorari, desired to bring up for review, was, at the time of the granting of the writ, filed, pursuant to law, in the town clerk’s office, from which the defendants could not legally withdraw the same. But they could obey the writ by returning sworn or certified copies thereof. People v. Kromer, 5 Misc. Rep. 54, 25 N. Y. Supp. 48. Such a return would, however, impose upon the defendants the labor and expense of making or procuring copies of the assessment roll. Section 2005 of the Code of Civil Procedure requires a person upon whom a writ of…
2Cases cited2 opinions
- People ex rel. Sutliff v. Board of Sup'rsNew York Supreme Court · 1892
- Winegard v. KromerNew York Supreme Court · 1893
3Cited by2 opinions
- I. X. L. Lime Co. v. Superior CourtCalifornia Supreme Court · 1904
- Sullivan v. Board of Estimate & ApportionmentNew York Supreme Court · 1937