Tax
In the Matter of the Application of Michael Coogan, Respondent, for a Writ of Mandamus, v. William J. Morgan, as Comptroller of the State of New York, Appellant
162 N.Y. 613·New York Court of Appeals·1900·NY
Concur: Parker, Ch. J., O’Brien, Bartlett, Haight, Martin and Yann, JJ. Not sitting, Landon, J.
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Opinion
In the Matter of the Application of Michael Coogan, Respondent, for a Writ of Mandamus, v. William J. Morgan, as Comptroller of the State of New York, Appellant.
People ex rel. Coogan v. Morgan, 45 App. Div. 628, affirmed.
(Submitted February 27, 1900;
decided March 13, 1900.)
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 15, 1899, affirming an order of Special Term granting a peremptory writ of mandamus commanding the appellant herein, as comptroller of the state of New York, to direct the county treasurer of Livingston county to refund to the petitioner certain moneys erroneously paid by him under the Transfer Tax Act.
Robert B. Bach for appellant.
Buchanan, & Lawyer for respondent.
[MAJORITY]
Order affirmed, with costs ; no opinion.
Concur: Parker, Ch. J., O’Brien, Bartlett, Haight, Martin and Yann, JJ. Not sitting, Landon, J.