In re Young

New York County Courts

In re Young

26 Misc. 186, 56 N.Y.S. 861

DecidedJanuary 15, 1899

StatusPublished

This text of 26 Misc. 186 (In re Young) is published on Counsel Stack Legal Research, covering New York County Courts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Young, 26 Misc. 186, 56 N.Y.S. 861 (N.Y. Super. Ct. 1899).

Pincite

Opinion

Dunmore, J.

The failure of the assessors to meet on grievance day is an irregularity and not a jurisdictional defect. People v. Turner, 145 N. Y. 451.

That omission, therefore, did not render the assessment void, but merely voidable in a direct proceeding for that purpose. The assessors had jurisdiction over the person and property of the applicant, and if they committed an error their action was not void and their assessment could not be attacked collaterally. United States T. Co. v. Mayor, 144 N. Y. 488.

A proceeding of this kind cannot be maintained where there is only an irregularity in proceedings of the assessors in levying the assessment. The petitioner has, therefore, mistaken his remedy,, and the proceeding must be dismissed, with costs.

Proceeding dismissed, with costs.

Free access — add to your briefcase to read the full text and ask questions with AI