Legal Opinion

Brase v. . Miller

New York Court of Appeals

Decided April 6, 1909PublishedCited by 4 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 2, 1907, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at Special Term. The nature of the action and the facts, so far as material, arc stated in the opinion. A tax warrant without the county seal required by law is a warrant without seal and is void. (City of Rochester v. Bloss, 77 App.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered May 2, 1907, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at Special Term. The nature of the action and the facts, so far as material, arc stated in the opinion. A tax warrant without the county seal required by law is a warrant without seal and is void. (City of Rochester v. Bloss, 77 App. Div. 30; Lockwood v. Gehlert, 127 N. Y. 241; Bellinger v. Gray, 51 N. Y. 610.) The sealing of the warrant with the seal of the board of…

1Opinion of the CourtWillard Bartlett, J.

In 1898 the plaintiff was the owner of three lots of land which contained 1/16 of an acre each, situated in the town of Hempstead, Queens county. That town became a part of the newly-constituted county of Nassau on the 1st day of January, 1899. (Laws of 1898, chap. 588.) In January, 1899, the board of supervisors of Nassau county delivered to the receiver of taxes of the town of Hemp-stead a warrant for the collection from the several persons and corporations named in the assessment roll thereunto annexed of the taxes set opposite their respective names. The taxes upon the plaintiff’s lots…

2Cases cited2 opinions

  1. Lockwood v. . GehlertNew York Court of Appeals · 1891
  2. City of Rochester v. BlossAppellate Division of the Supreme Court of the State of New York · 1902

3Cited by4 opinions

  1. People Ex Rel. Boenig v. . HegemanNew York Court of Appeals · 1917
  2. People ex rel. Boenig v. HegemanAppellate Division of the Supreme Court of the State of New York · 1916
  3. People ex rel. Boenig v. HegemanAppellate Division of the Supreme Court of the State of New York · 1916
  4. Telonis v. StaleyUtah Supreme Court · 1940

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