People ex rel. Eckerson v. Zundel — 54 N.Y.S. 1112

Majority

p. 1112

PEOPLE ex rel. ECKERSON et al., Respondents, v. ZUNDEL et al., Appellants (four cases).

(Supreme Court, Appellate Division, Second Department.

November 3, 1898.)

Headnote

Action by the-people of the state of New York, on the relation of J. Esler Eckerson and others, against Charles H. Zundel and others, assessors and trustees of the village of Haverstraw.

The defects for which the amendment granted by the special term permits the tax roll to be assailed, if it exists, renders the assessments void on their face, and under the authority of People v. Parker, 117 N. Y. 86 , 22 N. E. 752 , a certiorari, under the law of 1880, should not issue to relieve from such an error. Order reversed, with $10 costs in one case, and disbursements in all, and motion denied, with $10 costs.

Cases cited

People ex rel. President of the Delaware & Hudson Canal Co. v. Parker 117 N. Y. 86 N.Y. 1889-10-22 p. 1112