Redmond v. Mayor, Aldermen & Commonalty
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made November 3, 1890, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiffs have not shown that the assessment confirmed in lSJ! was illegal.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made November 3, 1890, which affirmed a judgment in favor of plaintiffs entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiffs have not shown that the assessment confirmed in lSJ! was illegal. (Goszler v. Georgetown, 6 Wheat. 593; In re Hebrew Asylum, 70 N. Y. 476; In re Bassford, 50 id. 512; In re Williamson, 3 Hun, 65-68; In re Gantz, 85 N. Y. 536, Bigelow v. Boston, 120…
1Opinion of the CourtGray, J.
This action was brought to have declared void and vacated an assessment for repaving a part of Thirty-sixth street, in the city of Hew York, and to recover back the moneys paid in satisfaction thereof. The work was ordered done by an ordinance passed in 1869. The assessment was confirmed in 1871, and its payment was made in 1888. The illegality set up by the plaintiff consisted in the alleged omission to advertise the resolution and ordinance of the common council, as required by the law in such cases.
For the better understanding of the conclusion we have arrived at, that this plaintiff was…
2Cases cited6 opinions
- Chapman v. . ForbesNew York Court of Appeals · 1890
- Peyser v. Mayor of New YorkNew York Court of Appeals · 1877
- Phelps v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Barnett v. . SellingNew York Court of Appeals · 1877
- Fleetwood v. City of New YorkThe Superior Court of New York City · 1849
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3Cited by21 opinions
- Newburgh Savings Bank v. Town of WoodburyNew York Court of Appeals · 1903
- Poth v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1896
- MacMurray v. City of Long BeachNew York Court of Appeals · 1944
- Payne v. . Witherbee, Sherman CompanyNew York Court of Appeals · 1911
- Hammond v. Oregon & California RailroadOregon Supreme Court · 1926
16 more not listed; retrieve them via the Exa API.