Legal Opinion

Tingue v. . Village of Port Chester

New York Court of Appeals

Decided January 19, 1886PublishedCited by 29 opinions

Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 15, 1883, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are set forth in the opinion.

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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 15, 1883, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. The nature of the action and the material facts are set forth in the opinion. Neither the charter of the village nor the law of highways requires the line or route of the road to be particularly defined by course and distance in the application. (Hallock v. Woolsey, 23 Wend. 328.) Whether the petitioners were owners cannot be inquired into…

1Opinion of the CourtAndrews, J.

This is an equitable action, brought to restrain a sale of plaintiff’s lot in the village of Port Chester, for the non-payment of an assessment laid for grading a street in the village, called Irving avenue, and to vacate the assessment. Irving avenue was laid out and declared a public street by resolution of the trustees of the village, passed June 2, 1873, under proceedings initiated November 11, 1872, upon the petition of eight persons, recited in the petition to be residents and tax payers of the village. The charter of Port Chester (Laws of 1868, chap. 818, tit. 5) authorizes the…

2Cases cited5 opinions

  1. Embury v. . ConnerNew York Court of Appeals · 1850
  2. Merritt v. . Village of PortchesterNew York Court of Appeals · 1877
  3. People Ex Rel. McConvill v. HillsNew York Court of Appeals · 1866
  4. Bouton v. City of BrooklynNew York Supreme Court · 1853
  5. Matter of IngrahamNew York Court of Appeals · 1876

3Cited by29 opinions

  1. Plummer v. DillMassachusetts Supreme Judicial Court · 1892
  2. Marston v. HumesWashington Supreme Court · 1891
  3. Martin v. TylerNorth Dakota Supreme Court · 1894
  4. State ex rel. Seattle Electric Co. v. Superior CourtWashington Supreme Court · 1902
  5. Webster v. PowellSupreme Court of Florida · 1895

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