New York Supreme Court, Jacob Kimmer & William Kimmer vs. John Weber & Louis Weber

New York Supreme Court, Jacob Kimmer & William Kimmer vs. John Weber & Louis Weber

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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. 1893 edition. Excerpt: ...specific duty is imposed upon the Commissioners, and mandamus is the appropriate remedy to compel its performance. "The facts being undisputed, the relat0r's right is dependent solely upon the solution of a question of law. As matter of law, the relator upon the undisputed facts is within the act. It only remains for the Commissioners to acertain the pro rata sum applicable to the property not exempt, and thereupon to make the proper deduction. A mandamus to compel the performance of this duty will accordingly be granted. Order signec." In conformity with this decision, an order was signed by Mr. Justice BARRETT directing that a peremptory writ of mandamus issue commanding the Commissioners of Taxes and Assessments "to remit such proportion of the tax assessed and levied for the year 1893 on the real estate and building known as the Bible House, situate on the corner of Fourth avenue and Ninth street, in the City of New York, and owned by the American Bible Society, as the rental value of the portions of said property used by the said American Bible Society exclusively for its own purposes bears to the total rental value of the whole property " (fols. 48-52). Writs of mandamus were thereupon issued and served upon the Commissioners of Taxes on the 24th of January (fols. 53--59). On the 31st day of January the counsel for the Commissioners served a notice of appeal from the whole of the order made by Mr. Justice BARRETT, and from every part thereof (fols. 60-63). The motion now comes before the General Term on appeal. On the 23d day of February, 1894, the following decision was made by Mr. Justice PATTERSON at Special Term: I " In re N. Y. Post G_raduate Medical School: In this matter I have concluded to...show more

Product details

  • Paperback | 366 pages
  • 189 x 246 x 19mm | 653g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236740270
  • 9781236740274