Linden v. Graham

New York Supreme Court

Linden v. Graham

34 Barb. 316, 1861 N.Y. App. Div. LEXIS 100

CourtNew York Supreme Court

DecidedMay 6, 1861

StatusPublished

Cited by2 cases

This text of 34 Barb. 316 (Linden v. Graham) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Linden v. Graham, 34 Barb. 316, 1861 N.Y. App. Div. LEXIS 100 (N.Y. Super. Ct. 1861).

Pincite

Opinion

By the Court.

This action could be maintained under the act of 1855, to provide for the due apportionment of taxes and assessments, and for the sale of real estate to pay the same, (Laws of 1855, ch. 327;) or it might have been maintained in equity, under the old system of practice.

The complaint shows a state of facts entitling the plaintiff to the relief demanded, so far as relates to the apportionment of the taxes, and that the defendant pay her proportion thereof.

The judgment must be reversed, and a new trial ordered; costs to abide the event.

Clerke, Ingraham and Suther land, Justices.]

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