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Green v. Passaic County Board of Taxation

Decided: October 29, 1943.

NORVIN H. GREEN, AS EXECUTOR OF THE LAST WILL AND TESTAMENT OF ERSKINE HEWITT, DECEASED, PROSECUTOR,
v.
PASSAIC COUNTY BOARD OF TAXATION AND THE MAYOR AND COUNCIL OF THE BOROUGH OF RINGWOOD, DEFENDANTS



On writ of certiorari.

For the prosecutor, Pitney, Hardin & Ward (Shelton Pitney).

For the defendants, John F. Lynch, Jr., N. Louis Paladeau, Jr., and J. Willard De Yoe.

Before Justices Case, Donges and Porter.

Case

The opinion of the court was delivered by

CASE, J. The writ brings up for review the denial by the Passaic County Board of Taxation of prosecutor's motion on special appearance to dismiss a complaint filed on November 30th, 1942, by the Borough of Ringwood. The complaint was addressed to the Passaic County Board of Taxation by the Mayor and Council of the Borough of Ringwood and filed on November 30th, 1942. It alleged that property owned by the estate of Erskine Hewitt, deceased, had been omitted

from the tax list filed by the taxing district and from the tax duplicate certified by the Passaic County Board of Taxation for the year 1941 and prayed that the property be added to the tax list filed as of October 1st, 1940, for the year 1941, and to the tax duplicate certified by the board for the year 1941 pursuant to the Revised Statutes of New Jersey, 54:3-20. The property alleged to have been omitted was listed as follows:

Cash $559,235.53

Stocks and bonds 8,920,905.53

Mortgages (including accrued dividends, notes

and insurance) ...


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