Legal Opinion

In re Ferris

Superior Court of Buffalo

Decided September 26, 1887PublishedCited by 1 opinion

This is an application by the petitioner to set aside and cancel a certain assessment roll levied by the assessors of the city of Buffalo, under and in pursuance of a resolution by the common council of said city, directing them to levy the sum of $183,493.09. The amount being the sum determined by the common council as necessary to pay the-awards, costs and expenses incurred in extending Ellicott street from Seneca street to Exchange street, in said city.

1Opinion of the CourtHatch, J.

This proceeding is brought under and by virtue of chapter 275, Laws 1880. So much of said act as confers power upon the court to entertain this proceeding is found in section 9; and is as follows:

“Where the invalidity or irregularity of any tax or assessment appears upon the face of the proceedings, any party in interest may apply by petition to the superior court of Buffalo for an order canceling the same. Said court shall require reasonable notice to be given to the city of such petition, and shall hear the proofs and allegations of the parties, and shall, in case such irregularity or…

2Cases cited17 opinions

Stuart v. . PalmerNew York Court of Appeals · 1878
Davis v. . DavisNew York Court of Appeals · 1878
Wood v. . MorehouseNew York Court of Appeals · 1871
Moore v. . City of AlbanyNew York Court of Appeals · 1885
In Re Rochester Water Commissioners to Acquire Lands of Rochester Water Co.New York Court of Appeals · 1876

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3Cited by1 opinion

Holbein v. De La GarzaCourt of Appeals of Texas · 1910