Legal Opinion

Heywood v. City of Buffalo

New York Court of Appeals

Decided July 1, 1856PublishedCited by 2 opinions

The action was brought in the superior court of the city of Buffalo against the city and William Ketchum, who was the city comptroller.

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The action was brought in the superior court of the city of Buffalo against the city and William Ketchum, who was the city comptroller. The complaint stated that by the revised charter of the city of Buffalo (Laws of 1853, 447), the common council was empowered to purchase or lease, in any portion of the city, land for school-houses, and to fence and improve the same; to build on such lands, or on any lot owned by any district in the city, such buildings as should appear to the council suitable; to complete, improve enlarge or repair any school-house, from time to time, and to supply it with…

1Opinion of the CourtT. A. Johnson, J.

This is an an action in the nature of a suit in equity, brought in the superior court in the city of Buffalo, demanding judgment that a certain assessment made by the city assessors under the authority of the common council of the city, with the approval of the mayor, upon the lands of the plaintiff, situated in school district number two, in said city, be declared null and void; and that the defendants be perpetually enjoined from proceeding to collect and enforce the said assessment against the plaintiff. The complaint alleges that the -whole assessment was $7500 upon said school district,…

2Cases cited4 opinions

  1. Mayor of Brooklyn v. MeseroleNew York Supreme Court · 1841
  2. Bouton v. City of BrooklynNew York Supreme Court · 1853
  3. Meserole v. Mayor of BrooklynNew York Court of Chancery · 1840
  4. Thatcher v. DusenburyNew York Supreme Court · 1854

3Cited by2 opinions

  1. Candee v. . SmithNew York Court of Appeals · 1883
  2. National Park Bank v. SalomonNew York Supreme Court · 1889

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