New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-07-22
ASSESSORS BADLY BEATEN.
TARKYrowN TAXPAYERS CASES DEClD-
ED BY JUSTICE DYKMAN.

cos,~s AGAINST THE TowN-ARBTTRARY AND
VNwARRANrED ACTION OF THE
TRUSTEES CHARGED
lustice J. O. Dykman. in the supreme Court a.
waite plains YESTERDAY handed down baton OF
,.,o,e an the anplications OF taxpayers of the
,uag. OF Tarrytown for writs of certiorari To the
aaari O: Trustees of that village acting asses
sars and asking for q review anG correeuo" VI as
sessments. 49,, sa .,.,
I, tho case Of John 7. Terry the Judge hnds 'ha'
Air Terry appeared personally before the assessors
-, .os.r,a5 , statement under oath IN which no
de,lar,d that mis- Indebtedness was greater ''a''
his pcrsonal property liable to taxauoh' fi' ""'
subjected to a long examination by 'ouhse' io' Wv
Board after being sworn, which was "e''',
statement under oath. The assessors h'u "o ~
evidence before them. and they had ho re-
d,sreeard IT, They reduced the assessment lot per
sonal property from 5000" 10 sa"oo' wh'ch w"s al
arbitrary conclusion. unjdstifed by any iao' VIZ
in the knowledge Of the assessors IL 'heie ~ '
failure by Mr. Terry to appear before the ASST
sors AT the proper time, or II there was any t
,ion q. laches they have all been waived oy inc
rasnoraonts II the assessors intended TO raise any
objection 10 the form OF PROOF suonht''' ~ va
Terry Il was their duty TO make IL at inc ''"e '"e
proof was submitted and when all oo1ectiohs couia
have been met and the necessary PROOF suppheu'
The assessment for the personal property must oo
,,,ca,od with costs to the relator. and ne ma!
have a reference 10 determine the value OF ms ie''
nronerty or proof may be taken before the Juuse'
In The case of John d. Archbod the Judge mas
that there must be a reference III i'
value OF the real property
~ the case of the New-York Central ana HUDSON
River Railroad the Judge says: the op,ecoohS ~
tho assessments made by the representatives VI VIC
ra,lroad company were sufficiently SPECIFIC Ihere
must be a reference TO determine the value oi '"o
real property of the relator
w,th regard 10 the case Of Frank H. Plersoh the
Judee finds that the assessment upon the personal
property must be reduced from so'"V u Si1,VO' ~
he may nave a reference on the Vaiue Oh MS ioA'
property The relator must nave cos's VI '''o paw
ceedngs. 1880 -
In the case OF Blanche b. Neukirch. VINO was as
sessed for $4,000 of personal property, the Judge
finds that there no proof before the assessors
contrary to the claim OF the reiator that ENG H'e
An the city OF New-York. The evidence was d..
one way and they had no right TO disregard IL ana
act upon their own arbitrary Assumption Inv do
o,s,,en, must be set aside with costs 10 the re-
lator. a.,
In the case OF Maria H. Crane the Judge hnds
that there basis for the proceedings no CON-
plaint as to real properly was made TO the asses
sors and the assessment upon personal property
was removed. The proceedings must De e'S"''Sse''
with costs.
In regard TO the executors of the estate Oh Lucus
T. Yale the Judge finds that the facts were not
fully developed. one OF the executors was eNaih-
lined before the assessors and stated that the per-
sonal property belonging 10 the estate would not
exceed $4,000 and might fall below that sum ina.
ali the evidence the assessor. ESQ .9 nns 10 H" sC
The lelator must have cost -. ,,,
On the sui; of Frances 4 Hackey me Su asd
stated that she lived in the city of New York and
had lived there for many years Ine ,t was vas ne
fully established The assessors had no jurisdiction
over s o r for Msh S a saeh The
ment be set aside. with costs TO inc ieiatoi'
II she desires reference in relation 10 the asses
!nent upon her real property he will appoint a
In John c. Barrow's case the Judge hnd ,so the
assessors had positive. uncontradic'ed evidence
that the relator had no persona properly eY Ssre
garded that evidence and made an aroitrary Ieuuoi
ton in the h acateS Wsoui cost tO to the re
iaior The relator may have reference IN regard 10
In the case Of Ellen J. Banker the assessors had
disregard her testimony under GA n s snd
go and there must be testimony respecting tne
value Of the real property s,her before the Court
The Judge finds that referee must be aPp PROM o
The value of his real property; also in the cases OF
Edward b. Cobb, John T. Terry. jr' and Mary A.
In the case Of Florence Woodruff the Judge iinds
that the reaior claimed reduction OF her asses 5
The proof was positive that her personal properly
worth only 500 and as ih hev b md no no
10 disregard The evidence the assessment mus DC
In The case Of James Benedict the Judge finds
thl; the complaint made by the relator raises no
and the proceedings must be dismissed with costs:
The Judge finds in the case Of Louis stern mat the
il is doubtful whether the complaint and statement
which he made before The vas 70
The question Of costs is reserved s an-
cision in the supreme Court in the OF John T.
Terry and others against the assessors OF the vi
rnTt,in allegations out of the answer Of the de-
PENDANTS and the answer Is to he so o1p
rected upon the trial TO be had on SATURDAY MORN
ing next, July "a.