In re Cullen
New York Supreme Court
Appeal from special term, Hew York county. The petitioner, John Cullen, applied for an order to vacate a certain assessment for street improvement, on the ground that it was made without authority of law, and that there were certain frauds and substantial errors in. the proceedings. The court refused to vacate the assessment, but made an order for its reduction. From this order both the petitioner and the city appeal.
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Appeal from special term, Hew York county. The petitioner, John Cullen, applied for an order to vacate a certain assessment for street improvement, on the ground that it was made without authority of law, and that there were certain frauds and substantial errors in. the proceedings. The court refused to vacate the assessment, but made an order for its reduction. From this order both the petitioner and the city appeal. The opinion,at special term is as follows: “O’Brien, J. It would be difficult to cite a more flagrant instance than the one here presented of a legislative act attempting "to…
1Opinion of the CourtBarrett, J.
We concur in the conclusion arrived at by Mr. Justice O’Brien, that the certificate of the officers named in the act of 1880 (chapter 557, § 1) is not so far conclusive upon the property owners as to deprive them of the rights conferred by chapter 338 of the Laws of 1858, now embodied in the consolidation act, (section 898.) We need only supplement Mr. Justice O’Brien’s careful opinion with a brief statement of our reasons for this concurrence. We think that this certificate was simply a substitute, rendered necessary by the peculiar circumstances of the case, for the ordinary certificate…
2Cited by4 opinions
- Poth v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1896
- In re New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- In re New York Central & Hudson RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Kinsella v. City of AuburnNew York Supreme Court · 1889