Court of Appeals 1889

Court of Appeals 1889

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 edition. Excerpt: ...In the J ex case he says: " As this is acase where the plaintiff in order to recover need not procure the setting aside of the assessment, the claim is one incontestably of a legal nature only. They commence their action for the recovery of money thus paid upon a void judgment and when they prove that the judgment was void because there was no jurisdiction in the parties who made the assessment that they paid the money involuntarily they show a right to recover within the authorities cited in the opinion in the Diefenthaler and Friend cases, and it is wholly unnecessary in such a case to set aside the assessment. The case at bar cannot, it is submitted, be placed within the category of these Diefenthaler, etc., cases without overturning every decision which has been made upon this subject by this Court, and without reversing the opinion of nearly every Judge who has ever sat in it. Fifth Point. The case of Borst '0. Corey (15 N. Y., 505) has, it is submitted, no application to this class of cases. It was held in that case that an action to enforce an equitable lien for the purchase money of land was barred by the lapse of six years after the debt had accrued, that the lien upon the land for the payment of the purchase money was merely an incident to, and must stand or fall with, the debt, and the action to recover the debt being barred by the legal statute of limitations the action in equity could not be sustained. _ We fail to perceive any analogy between such a case and an action by a party to vacate an assessment that has been illegally imposed upon his property, ' and to _cancel the assessment record, or a. suit by the same party to recover back money that has been unlawfully extorted from him under such assessment. We also fail...
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Product details

  • Paperback | 342 pages
  • 189 x 246 x 18mm | 612g
  • United States
  • English
  • black & white illustrations
  • 1236934059
  • 9781236934055