Cuyler v. Trustees of the Village of Rochester
New York Supreme Court
Demurrer to plea. The plaintiff declared in an action of debt, on mutuatus, claiming $2000 from the defendants, under the 25 th section of the act incorporating the village of Rochester, passed 10th April, 1826. The defendants pleaded nil debent and eight other pleas, to which eight last pleas the plaintiff put in one general demurrer, assigning a variety of special causes of demurrer.
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Demurrer to plea. The plaintiff declared in an action of debt, on mutuatus, claiming $2000 from the defendants, under the 25 th section of the act incorporating the village of Rochester, passed 10th April, 1826. The defendants pleaded nil debent and eight other pleas, to which eight last pleas the plaintiff put in one general demurrer, assigning a variety of special causes of demurrer. The third plea is the only one which received the consideration of the court, for which reason it alone is here stated. It commences with a protestando that the street afterwards mentioned was not widened, nor…
1Opinion of the Court
By the Court,
Nelson, J.
The 25th section of the act of 1826, sess. 49, p. 127, incorporating the village of Rochester, provides that if the board of trustees neglect, on demand, to pay the sum assessed as damages to any individual, caused by laying out or widening any street, the party thus entitled to the sum assessed may sue the board of trustees, and recover the same in an action of debt on mutuatus, with interest and costs. This shit is brought by the plaintiff under this section, to recover $2000 assessed to him. The defendants have pleaded numerous pleas in defence, to all of which,…
2Cases cited1 opinion
- Starr v. Trustees of RochesterNew York Supreme Court · 1831
3Cited by12 opinions
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