Matter of Applicat'n of Clementi v. . Jackson
New York Court of Appeals
Appeal from order of the General Term of the City Court of Brooklyn, made December 28, 1882, which affirmed an order of Special Term directing the issuing of a peremptory writ of mandamus directed to defendant as registrar of arrears in the city of Brooklyn, requiring him to receive of the petitioner the amount of taxes imposed upon her premises in said city for the years 1868 and 1869, with interest thereon from the time of the original confirmation of said taxes at the…
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Appeal from order of the General Term of the City Court of Brooklyn, made December 28, 1882, which affirmed an order of Special Term directing the issuing of a peremptory writ of mandamus directed to defendant as registrar of arrears in the city of Brooklyn, requiring him to receive of the petitioner the amount of taxes imposed upon her premises in said city for the years 1868 and 1869, with interest thereon from the time of the original confirmation of said taxes at the rate specified in the act chapter 363, Laws of 1882, and to discharge and cancel the lien of said taxes. Prior to the…
1Opinion of the CourtRapallo, J.
Under the decision of this court in Brevoort v. The City of Brooklyn (89 N. Y. 128), the taxes in question were illegally assessed and the assessment was void. This is not disputed by the appellant. The sales of respondent’s property for the non-payment of these taxes were consequently also void, and the purchaser acquired no right or title to respondent’s property by virtue of those sales or of the leases subsequently granted.
Chapter 363 of the Laws of 1882 did not validate those sales. It validated the taxes, but only suh-modo. It did not validate the penalties by way of interest and…
2Cases cited1 opinion
- Brevoort v. . the City of BrooklynNew York Court of Appeals · 1882
3Cited by25 opinions
- Cromwell v. . MacLeanNew York Court of Appeals · 1890
- In Re the Estate of UeckNew York Court of Appeals · 1941
- People v. . InmanNew York Court of Appeals · 1910
- Town of West Hartford v. Thomas D. Faulkner Co.Supreme Court of Connecticut · 1940
- Hagner v. HallAppellate Division of the Supreme Court of the State of New York · 1896
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