Hyperlawhypertext legal database People ex rel. City of Johnstown v. Staley 50 N.Y.S. 1132

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People ex rel. City of Johnstown v. Staley

50 N.Y.S. 1132 Court N.Y. App. Div. Decision date 1898-03-08 English

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p. 1132
PEOPLE ex rel. CITY OF JOHNSTOWN, Respondent, v. STALEY et al., Appellants. PEOPLE ex rel. CITY OF GLOVERSVILLE, Respondent, v. SAME, Appellants.
(Supreme Court, Appellate Division, Third Department.
March 8, 1898.)

Headnote

Actions by the people on the relation of the city of Johnstown, and by the same on the relation of the city of Gloversville, against Jacob W. Staley and another, assessors of the town of Johnstown.
R. P. Aníbal, for appellants.
Andrew J. Nellis and Jerome Egelston, for respondent. •

The question submitted to us in this action has recently been passed upon by the appellate division of the Fourth department, in the case of City of Rochester v. Coe, 49 N. Y. Supp. 502 . We have read the opinion of Hardin, J., delivered in that case, and see no reason to doubt that he has reached a correct conclusion as to the construction that should be given to the provisions of Laws 1896, c. 908. On the authority of the case referred to, the order appealed from must be reversed, with $10 costs and disbursements, and the case remitted to the special term, in order that it be determined whether the assessment in question is erroneous because unequal.