In re One Hundred & Thirty-Eighth Street
New York Supreme Court
'On the 17th day of November, 1880, the commissioners of •estimate and assessment presented their report to the court for confirmation. Assessments^ for benefit were levied upon the property adjacent to the streets and upon the city.
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'On the 17th day of November, 1880, the commissioners of •estimate and assessment presented their report to the court for confirmation. Assessments^ for benefit were levied upon the property adjacent to the streets and upon the city. The corporation counsel asked leave to object to part of the report which awarded substantial awards for portions of land in One Hundred and Thirty-eighth street, and to read certain affidavits which had not been submitted to the commissioners in support of the objection that these lands had been dedicated. Various property owners appeared by counsel, some in…
1Opinion of the CourtLawrence, J.
The claim that the act of 1874 under' which these proceedings were instituted is unconstitutional, for the reason that, being a local act, the subject of opening streets is not expressed in its title as required by section 16 of article 3 of the Constitution, cannot, in my opinion, be successfully maintained. The title of the act is “An act to provide for the surveying, laying out and monumenting of certain portions of the city and county of Hew York, and to provide means therefor” (Laws of 1874, chap. 604, p. 831).
The section of the Constitution with which this act is said to fail to comply,…
2Cases cited6 opinions
- Dash v. Van KleeckNew York Supreme Court · 1811
- People v. RectorNew York Supreme Court · 1838
- In re WilliamNew York Supreme Court · 1839
- Wood v. OakleyNew York Court of Chancery · 1845
- Calkins v. CalkinsNew York Supreme Court · 1848
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3Cited by1 opinion
- In re Suburban Rapid Transit Co.New York Supreme Court · 1885