Legal Opinion

Dolan v. . Mayor, Etc.

New York Court of Appeals

Decided September 21, 1875PublishedCited by 13 opinions

Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintifii’s complaint. (Reported below, 6 Hun, 506.) This -action was brought to vacate certain assessments. The complaint contained three counts.

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Appeal from judgment of the General Term of the Court of Common Pleas for the city and county of New York, affirming a judgment in favor of defendant, entered upon an order sustaining a demurrer to plaintifii’s complaint. (Reported below, 6 Hun, 506.) This -action was brought to vacate certain assessments. The complaint contained three counts. The first setting forth proceedings taken under the act of 1813 (chap. 44) for the extension of Worth street, in the city of New York, the appointment of commissioners of estimate and assessment, the making of a report by them and the confirmation…

1Opinion of the CourtRapallo, J.

The complaint shows that the assessments sought to be vacated by this action, were for the extension of Worth street, widening of Laurens street, and the extension of Church street, and alleges that the reports of the commissioners of estimate and assessment in all of these cases, were confirmed by the Supreme Court several years before the commencement of this action.

The ground upon which these assessments are now sought to be set aside is, that the reports of the committees recommending these improvements and the resolutions authorizing them were not published as required by the seventh and…

2Cited by13 opinions

  1. Plum v. City of KansasSupreme Court of Missouri · 1890
  2. State ex rel. Merrick v. District Court of Hennepin CountySupreme Court of Minnesota · 1885
  3. Mayer v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1886
  4. Speir v. Town of New UtrechtNew York Supreme Court · 1888
  5. In re HagemeyerAppellate Division of the Supreme Court of the State of New York · 1906

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