Legal Opinion

In re the Supplementary Proceedings for the Collection of a Tax of Pryor

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901Published

Motion by Henry H. Pryor to correct a decision rendered by the Appellate Division in the fourth department, upon an appeal from an order dismissing supplementary proceedings instituted by John B. Hamilton, as treasurer of Monroe county, for the collection of a tax assessed against the said Henry H. Pryor, by striking out the provision therein contained, that “ the respondent have ten dollars costs and disbursements,” and substituting therefor “the order appealed from be…

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Motion by Henry H. Pryor to correct a decision rendered by the Appellate Division in the fourth department, upon an appeal from an order dismissing supplementary proceedings instituted by John B. Hamilton, as treasurer of Monroe county, for the collection of a tax assessed against the said Henry H. Pryor, by striking out the provision therein contained, that “ the respondent have ten dollars costs and disbursements,” and substituting therefor “the order appealed from be affirmed, with costs.”

1Opinion of the Court

Hiscock, J. :

This appeal in this matter was by the county treasurer from an order made by the special county judge of Monroe county dismissing supplementary proceedings instituted by said treasurer under *317section 259 of chapter 908 of the Laws of 1896, commonly known as the Tax Law, for the collection of a tax assessed against said Pryor.

This court affirmed the order appealed from, with ten dollars costs and disbursements, and upon this motion the parties have argued the questions, first, whether any costs of the appeal should be awarded against said county treasurer, although unsuccessful,…

2Cases cited1 opinion

  1. In Re Supplementary Proceedings for the Collection of a Tax of VeithNew York Court of Appeals · 1900

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