Smith v. Mayor of Jersey City

The opinion of the court was delivered by

Magie, J.

This action was brought by Henry Milford Smith, at whose death the plaintiff in error, his executrix, was substituted as plaintiff.

*185The declaration contained two special counts.

In the first, it was averred that the municipal authorities of Jersey City, on July 16th, 1872, levied an assessment for a sewer improvement on lands of Smith, amounting to $1,001.46; that Smith, on April 26th, 1873, paid the city the said assessment, with $81.94 interest thereon; that the city, on February 21st, 1878, vacated the assessment, and on May 15th, 1878,…