Legal Opinion

Clark v. Village of Dunkirk

New York Supreme Court

Decided October 15, 1877Published

Appeal from a judgment in favor of the plantiff, entered upon the report of a referee. This action was commenced to enjoin the collection of an assessment imposed for the construction of a sewer in the village of Dunkirk, and to have the same declared illegal and void.

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Appeal from a judgment in favor of the plantiff, entered upon the report of a referee. This action was commenced to enjoin the collection of an assessment imposed for the construction of a sewer in the village of Dunkirk, and to have the same declared illegal and void. The referee found, among other things, that the village of Dunkirk, a duly incorporated village, in pursuance of the charter of said village, ordered the construction of a sewer in Lion street, between Fifth street and Lake Erie; that a sewer was constructed in said street as provided in the said charter, and accepted by said…

1Opinion of the Court

Talcott, J.:

This is an appeal from a judgment rendered on the report of a referee.

The complaint seeks to restrain the proceedings of the village corporation respecting an assessment for the payment of the expenses of constructing a'sewer in Lion street, in the village of Dunkirk, and to set the same aside for various reasons alleged, none of which appear on the face of the proceedings, which are conceded to be, so far as the formal proceedings are concerned, in all respects regular and according to the charter of the said village.

The action is sought to be maintained on the ground that the…

2Cases cited6 opinions

  1. Heywood v. . the City of BuffaloNew York Court of Appeals · 1856
  2. Ayers v. . LawrenceNew York Court of Appeals · 1874
  3. Crooke v. . AndrewsNew York Court of Appeals · 1869
  4. Sanders v. . Village of YonkersNew York Court of Appeals · 1875
  5. People Ex Rel. Parker v. . Jef. Co. CourtNew York Court of Appeals · 1874

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