Manice v. . the Mayor, Aldermen C., of New York
New York Court of Appeals
This action was brought in the superior court of the city of New York by the plaintiffs, who were owners of land in the city lying upon the Fifth and Madison avenues and Thirty-first, Thirty-second, Thirty-third and Thirty-fourth streets, against the defendants for a levy made upon their property under a warrant issued to collect an assessment for regulating parts of the said avenues and streets with other streets. The following facts appeared from the pleadings.
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This action was brought in the superior court of the city of New York by the plaintiffs, who were owners of land in the city lying upon the Fifth and Madison avenues and Thirty-first, Thirty-second, Thirty-third and Thirty-fourth streets, against the defendants for a levy made upon their property under a warrant issued to collect an assessment for regulating parts of the said avenues and streets with other streets. The following facts appeared from the pleadings. On the third of November 1847, an ordinance was passed by the corporation of the city of New York, that the Fifth avenue between…
1Opinion of the Court
Gardiner, J.,
delivered the opinion of the court: I concur in the views expressed by the Superior court in their decision in Wentmore v. Campbell, that the effect of the statutory proxdsions in relation to the powers of the city, is to authorize the corporation, after determining to grade a street or perform a public work of that character, to adopt'the course suggested by the defendant, or to execute the work at their own expense and after its completion, assess the costs and charges, and collect as in the case of an estimate and assessment prior to the commencement of the work. This disposes…
2Cited by9 opinions
- Bellevue Improvement Co. v. Village of BellevueNebraska Supreme Court · 1894
- Smith v. City of BuffaloNew York Supreme Court · 1895
- Matter of Petition of RobertsNew York Court of Appeals · 1880
- Taylor v. PalmerCalifornia Supreme Court · 1867
- Elwood v. City of RochesterNew York Supreme Court · 1887
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