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People ex rel. Society of Free Church of St. Mary the Virgin v. Feitner

71 N.Y.S. 1146 Court N.Y. App. Div. Decision date 1901-06-09 English

Delivered by McLAUGHLIN, J.

Contents

Majority

p. 1146
PEOPLE ex rel. SOCIETY OF FREE CHURCH OF ST. MARY THE VIRGIN, Appellant, v. FEITNER et al., Com’rs of Taxes, etc., Respondents.
(Supreme Court, Appellate Division, First Department.
June 9, 1901.)

Headnote

Certiorari by the people, on relation of the Society of the Free Church of St. Mary the Virgin,"" to Thomas L. Feitner and others, commissioners of taxes and assessments, to review the action of respondents in assessing the clergy house and rectory, parts of relator’s church building, for taxation. From an order quashing the writ, relator appeals. Reversed. William G. Wallace, for appellant. ■ James M. Ward, for respondents.

The question here presented is precisely the same as that on an appeal from an order between the same parties relating to the assessment for the year 1899 ( 71 N. Y. Supp. 257 ), except that in the assessment for 1900 the assessors did not assess the mission house, but assessed the clergy house at $10',000 and the rectory at $8,000. For the reason given in the opinion delivered on the other appeal, we think this order should be reversed, and the prayer of the relator granted, and the assessment corrected accordingly, with costs.