In Matter of Petition of Cheesebrough
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order-of Special Term which vacated an assessment upon lands of the petitioner for certain blind drains. (Reported below, 17 Hun, 561.) The facts appear sufficiently in the opinion. The assessment in question was imposed in strict accordance with all the requirements of law and is unaffected by any irregularity.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order-of Special Term which vacated an assessment upon lands of the petitioner for certain blind drains. (Reported below, 17 Hun, 561.) The facts appear sufficiently in the opinion. The assessment in question was imposed in strict accordance with all the requirements of law and is unaffected by any irregularity. (Laws of 1871, chap. 566, §§ 1, 2, 3; Gréene v. Mayor, etc., 60 H. Y., 303; In re Zborowski, 68 id., 88.) It was imposed for a lawful object and for expenses incurred in the…
1Opinion of the CourtEarl, J.
The assessment assailed in this case was laid under chapter 566 of the Laws of 1871, an act “ to provide for the proper drainage of lands within the corporate limits of the city and county of New York.” Section one of the act provides, that “whenever it shall appear to be necessary for the protection of the public health that any part or parcel of land within the corporate limits of the city and county of New York needs to be drained by other means than by sewers, and it shall be so certified by the city sanitary inspector, and said certificate is filed among the records of the board of…
2Cases cited4 opinions
- Corporation of Brick Presbyterian Church v. Mayor of New YorkNew York Supreme Court · 1826
- Van Wormer v. Mayor of AlbanyNew York Supreme Court · 1836
- Meeker v. Van RensselaerNew York Supreme Court · 1836
- People Ex Rel. Cook v. NearingNew York Court of Appeals · 1863
3Cited by30 opinions
- Lawton v. SteeleSupreme Court of the United States · 1894
- Matter of Application of JacobsNew York Court of Appeals · 1885
- In Re Board of Rapid Transit RailroadNew York Court of Appeals · 1909
- Allen v. City of DetroitMichigan Supreme Court · 1911
- Daugherty v. ThomasMichigan Supreme Court · 1913
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