Ellwood v. . City of Rochester
New York Court of Appeals
Appeal from so much of a- judgment of the General Tern of the Supreme Court in the fifth judicial department, enterec upon an order made the first Tuesday of January, 1887, a¡ affirmed a judgment which vacated and set aside an assessmen agaiust plaintiff’s property entered upon the report of a referee, The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from so much of a- judgment of the General Tern of the Supreme Court in the fifth judicial department, enterec upon an order made the first Tuesday of January, 1887, a¡ affirmed a judgment which vacated and set aside an assessmen agaiust plaintiff’s property entered upon the report of a referee, The nature of the action and the facts, so far as material, are stated in the opinion. The assessment made upon the land of the plaintiff is not invalidated or in anj way affected by the fact that one or more of the buildings taken might have been worth $5,000. (Laws of 1880, chap. 14, § 169 ;…
1Opinion of the CourtParker, J.
This action is addressed to the equitable jurisdiction of the court, for the purpose of securing the removal of an apparent lien on -plaintiffs land and a cloud upon his title growing out of proceedings taken to open a street in the city of Rochester, which resulted in an assessment for special benefits of which plaintiff complains.
The General Term, in affirming the judgment rendered in favor of the plaintiff, have so thoroughly discussed the questions involved as to render it unnecessary for this court to do more than briefly state the ground which requires an affirmance of the judgment.
The…
2Cases cited1 opinion
- Hassen v. . City of RochesterNew York Court of Appeals · 1875
3Cited by20 opinions
- McGhee v. WalshSupreme Court of Missouri · 1913
- County of Monroe v. . City of RochesterNew York Court of Appeals · 1898
- Wagoner v. City of La GrandeOregon Supreme Court · 1918
- In re the Consolidated Appeals of KlockAppellate Division of the Supreme Court of the State of New York · 1898
- Providence Retreat v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1898
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