Jex v. Mayor of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 23, 1888, which reversed an order of Special Term and a judgment entered thereon sustaining a demurrer to the seventh and eighth paragraphs of the defendant’s answer herein.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made January 23, 1888, which reversed an order of Special Term and a judgment entered thereon sustaining a demurrer to the seventh and eighth paragraphs of the defendant’s answer herein. This action was brought to have an assessment upon plaintiff’s premises, in the city of Few York, for a local improvement adjudged invalid, and to recover back the amount thereof. The complaint alleged that the assessment was levied without jurisdiction and was void, and that plaintiff paid…
1Opinion of the CourtPeckham, J.
In the above entitled case the plaintiffs alleged that the assessment was void, because there was no jurisdiction to levy the same, and they seek to recover back the amount of the assessment paid to the city. The defendant sets up the six-years statute of limitation. As this is a case where the plaintiffs, in order to recover, need not procure the setting aside of the assessment, the claim is incontestably one of a legal nature only. They commence their action for the recovery of money thus paid upon a void judgment, and when they prove that the judgment was void, because there was no…
2Cases cited1 opinion
- Brehm v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1887
3Cited by5 opinions
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- Dennison v. . City of New YorkNew York Court of Appeals · 1905
- Eichacker v. New York Telephone Co.City of New York Municipal Court · 1939
- People v. BrowerNew York Supreme Court · 1889
- Trimmer v. City of RochesterNew York Supreme Court · 1890