Legal Opinion

Merritt v. . Village of Portchester

New York Court of Appeals

Decided November 27, 1877PublishedCited by 93 opinions

Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor" of defendants, entered upon a decision of the court at Special Term. (Reported below, 8 Hun, 40.) This action was brought to restrain defendants from selling certain real estate of plaintiff, situate in the village of Portchester, for an unpaid assessment for regulating and grading an avenue in said village.

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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor" of defendants, entered upon a decision of the court at Special Term. (Reported below, 8 Hun, 40.) This action was brought to restrain defendants from selling certain real estate of plaintiff, situate in the village of Portchester, for an unpaid assessment for regulating and grading an avenue in said village. The facts so far as material to the questions discussed are as follows: The trustees of said village commenced proceedings under its charter (chap. 818, Laws of…

1Opinion of the CourtAllen, J.

The proceedings which it is sought to arrest were had by authority of a statute delegating power to charge the property of individuals situated within the corporate limits of the village of Portchester with the cost of certain local improvements. By the proceedings, pursued to their permitted termination, the owner may be deprived of his property, without his assent, and the immediate effect is to encumber them to the extent of the charge and assessment. It is a statutory proceeding, affecting the property of the citizen, and by which it may be taken from him; and, therefore, within…

2Cases cited5 opinions

  1. Thatcher v. PowellSupreme Court of the United States · 1821
  2. In re the election of Directors of the Mohawk & Hudson RailroadNew York Supreme Court · 1838
  3. Doughty v. HopeNew York Court of Appeals · 1848
  4. Adams v. . Saratoga and Washington Railroad CompanyNew York Court of Appeals · 1852
  5. People ex rel. the Commissioner of Highways v. ConnorNew York Supreme Court · 1866

3Cited by93 opinions

  1. Barber Asphalt Paving Co. v. EdgertonIndiana Supreme Court · 1890
  2. Moore v. . City of AlbanyNew York Court of Appeals · 1885
  3. Bruecher v. . Village of Port ChesterNew York Court of Appeals · 1886
  4. Mason v. City of Sioux FallsSouth Dakota Supreme Court · 1892
  5. Tingue v. . Village of Port ChesterNew York Court of Appeals · 1886

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