Gilbert v. Havemeyer
The Superior Court of New York City
The first of the above suits was an action brought by the plaintiffs against the defendants, who were commissioners of estimate and assessments, in the matter of widening and opening William street, to recover damages for an alleged illegal levy upon and sale of their property. The second suit was brought against Evans the collector, who executed the warrant issued by the commissioners for the collection of the assessment.
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The first of the above suits was an action brought by the plaintiffs against the defendants, who were commissioners of estimate and assessments, in the matter of widening and opening William street, to recover damages for an alleged illegal levy upon and sale of their property. The second suit was brought against Evans the collector, who executed the warrant issued by the commissioners for the collection of the assessment. The action was commenced under the code, and the pleadings consisted of a complaint, answer and reply. The causes were heard upon the pleadings. The facts are as follows:…
1Opinion of the CourtBy the Court. Sandford, J.
It is contended, that the statute, relative to opening streets in this city, does not confer upon the commissioners of estimate and assessment, the power to asses an occupant of lands supposed to be benefited by the improvement; or if it do, then that the assessment cannot be made on both the owner and occupant.
The first position is maintained on the omission of the word “occupant,” in the one hundred and seventy-eighth section, which regulates the proceedings of the commissioners ; and on the argument that unless they be lessees for long terms, occupants cannot in the nature of things,…
2Cases cited2 opinions
- Savacool v. BoughtonNew York Supreme Court · 1830
- Trustees of Rochester v. SymondsNew York Supreme Court · 1831
3Cited by1 opinion
- Musick v. DodsonSupreme Court of Missouri · 1882