O'Reilley v. . City of Kingston
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made January 26, 1886, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made January 26, 1886, which reversed a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. The nature of the action and the material facts are stated in the opinion. The. trial court was right in judging the assessment void, because the paving for which the assessment was made involved a change of the established grade of the avenue paved without any petition or consent of adjacent owners. (Laws of 1805, chap. 87; Laws of 1854, chap.…
1Opinion of the CourtHaight, J.
This action was brought to set aside and adjudge void an assessment made upon lands of the plaintiff, for the paving of Union avenue in the city of Kingston. It is claimed in the first place that the assessment is void because of the change of the grade of the street without the consent of the adjoining owners, and that the expense of such change was incorporated in the assessment. The ordinance was passed on the 23d day of May, 1879, and is entitled “ an ordinance for amending the grade of Union avenue from St. James street to Greenkill avenue.” Section 1 of the ordinance provides that “ the…
2Cases cited4 opinions
- In Re the Probate of the Will of O'NeilNew York Court of Appeals · 1883
- Foot v. . StilesNew York Court of Appeals · 1874
- In the Matter of the Petition of CrugerNew York Court of Appeals · 1881
- James v. . CowingNew York Court of Appeals · 1880
3Cited by46 opinions
- Folmsbee v. . City of AmsterdamNew York Court of Appeals · 1894
- Hayes v. Douglas CountyWisconsin Supreme Court · 1896
- Hughes v. City of PortlandOregon Supreme Court · 1909
- Indianapolis & Vincennes Railway Co. v. Capitol Paving & Construction Co.Indiana Court of Appeals · 1899
- Northern Pacific Railway Co. v. Richland CountyNorth Dakota Supreme Court · 1914
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