Legal Opinion

Matter of Petition of Johnson

New York Court of Appeals

Decided October 5, 1886PublishedCited by 6 opinions

These were cross-appeals from an order of the General Term of the Supreme Court, in the first judicial department, made the first Monday of March, 1886, which modified an order of Special Term vacating an assessment on petitioner’s premises in the city of Hew York for the expenses of constructing a sewer, by deducting from the assessment a proportionate amount of an itemincluded in the assessment, as follows: “ $1,206.53 awarded to Manhattan Gas-light Company.’’ The balance…

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These were cross-appeals from an order of the General Term of the Supreme Court, in the first judicial department, made the first Monday of March, 1886, which modified an order of Special Term vacating an assessment on petitioner’s premises in the city of Hew York for the expenses of constructing a sewer, by deducting from the assessment a proportionate amount of an itemincluded in the assessment, as follows: “ $1,206.53 awarded to Manhattan Gas-light Company.’’ The balance of the assessment was ordered to stand. The petitioner was the owner of property affected by the assessment, and by…

1Opinion of the CourtDanforth, J.

So far as the petitioner’s appeal touches the validity of the contract, it must fail, because of the action of the commissioners, and for reasons which led to our decision In the Matter of Kendall (85 N. Y. 302), where they are fully stated; and in regard to surveyors’ fees, Matter of Merriam (84 id. 607), Matter of Pelton (85 id. 651), Matter of Lowden (89 id. 548), áre against him. On the other hand the appeal by the corporation should succeed. The question presented by it relates to the item of “ $1,206.53, awarded to the Manhattan Gas-light Company,” for' the expense it may be, the…

2Cases cited3 opinions

  1. Matter of Petition of DeeringNew York Court of Appeals · 1883
  2. Matter of the Petitions of Laura E. EagerNew York Court of Appeals · 1871
  3. In the Matter of the Petition of KendallNew York Court of Appeals · 1881

3Cited by6 opinions

  1. City of Tulsa v. WestonSupreme Court of Oklahoma · 1924
  2. Burns v. City of DuluthSupreme Court of Minnesota · 1905
  3. Glens Falls Gas Light Co. v. Van VrankenAppellate Division of the Supreme Court of the State of New York · 1896
  4. People ex rel. Stow v. Common CouncilAppellate Division of the Supreme Court of the State of New York · 1899
  5. Glens Falls Gaslight Co. v. Van VrankenAppellate Division of the Supreme Court of the State of New York · 1896

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