Legal Opinion

Hartshorn v. Cleveland

Supreme Court of New Jersey

Decided June 15, 1890PublishedCited by 5 opinions

On case certified from the Essex Circuit. The questions arising upon the following facts, determined' upon the trial of the above stated cause at the Essex County-Circuit ‘ Court, are certified to the'Supreme Court for its-advisory opinion: . Some time prior to September 21st, 1878, the city of Rah-way, under the authority given in its charter, had made and fully completed a municipal improvement, consisting of the-paving of Milton avenue in said city, from St. George’s…

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On case certified from the Essex Circuit. The questions arising upon the following facts, determined' upon the trial of the above stated cause at the Essex County-Circuit ‘ Court, are certified to the'Supreme Court for its-advisory opinion: . Some time prior to September 21st, 1878, the city of Rah-way, under the authority given in its charter, had made and fully completed a municipal improvement, consisting of the-paving of Milton avenue in said city, from St. George’s avenue-to the Pennsylvania railroad, with the Ballard lock block wooden pavement, and on the 10th day of September, 1878,,…

1Opinion of the Court

The opinion of the court was delivered by

Dixon, J.

Under the charter of the city of Rahway (Pamph. L. 1865, p. 499, §§ 83, 84, 85, 86) and its supplements (Pamph. L. 1870, p. 887, § 2; Id. 1875, p. 351, § 1), the city was empowered to pave streets, to ascertain and declare the costs and expenses thereof, and to levy assessments therefor equitably upon the property peculiarly benefited, in proportion to such benefit, which assessments were to constitute liens upon ,the property assessed from the time of making the improvement, and were to draw interest from the date of the declaration of the…

2Cases cited1 opinion

  1. Johnson v. CollinsMassachusetts Supreme Judicial Court · 1874

3Cited by5 opinions

  1. Johnston v. RobertsonSupreme Court of Iowa · 1917
  2. Zerfing v. SeeligSouth Dakota Supreme Court · 1899
  3. Simmons v. Mayor of MillvilleSupreme Court of New Jersey · 1907
  4. Nevin v. Public Service Corp.Supreme Court of New Jersey · 1911
  5. Pierse v. BronnenbergIndiana Court of Appeals · 1907

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