Miller v. . City of Amsterdam
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial dejiartment, entered upon an order made May 8, 1894, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to set aside an assessment, valid on its face, upon real estate belonging to the plaintiff, for a local improvement alleged to have been made by the city authorities without jurisdiction.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial dejiartment, entered upon an order made May 8, 1894, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to set aside an assessment, valid on its face, upon real estate belonging to the plaintiff, for a local improvement alleged to have been made by the city authorities without jurisdiction. The answer denied the alleged irregularities, and set forth facts showing that all the proceedings on the part of the defendant were regular and valid. The action…
1Opinion of the CourtVanm, J.
The charter of the city of Amsterdam authorizes the common council to cause any street in that city to be paved, and to determine by resolution what part of the expense, not exceeding twenty-five per cent, shall be paid by a general tax and what part by a special assessment upon such real estate as the city assessors shall deem more immediately benefited by the improvement. (L. 1885, ch. 131, § 95.) It is further provided that no street shall “ be paved, by said city unless the owners, owning a majority of the amount of lineal feet fronting on the part of the street proposed to be paved * * *…
2Cases cited14 opinions
- National Bank of Chemung v. City of ElmiraNew York Court of Appeals · 1873
- Mygatt v. . WashburnNew York Court of Appeals · 1857
- Holland v. Mayor of BaltimoreCourt of Appeals of Maryland · 1857
- Jex v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1886
- Cagwin v. . Town of HancockNew York Court of Appeals · 1881
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3Cited by22 opinions
- Morse v. City of OmahaNebraska Supreme Court · 1903
- Weston v. . City of SyracuseNew York Court of Appeals · 1899
- Wilcox v. EngebretsenCalifornia Supreme Court · 1911
- Edwards v. CooperIndiana Supreme Court · 1907
- City of Sedalia ex rel. Gilsonite Construction Co. v. MontgomerySupreme Court of Missouri · 1910
17 more not listed; retrieve them via the Exa API.