Jones v. Town of Tonawanda
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, The Town of Tonawanda and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 25th day of February, 1898, upon the report of a referee. The action was brought to set aside two assessments upon the lands of the plaintiff, described in the complaint.
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Appeal by the defendants, The Town of Tonawanda and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 25th day of February, 1898, upon the report of a referee. The action was brought to set aside two assessments upon the lands of the plaintiff, described in the complaint. The judgment appealed from is to the effect that the assessment levied under chapter 550 of the Laws of 1893, by the defendant town on or about the 28th of September, 1894, upon the plaintiff’s premises for $10,651.54, is “ wholly invalid,…
1Opinion of the Court
Hardin, P. J.:
There is nothing found in the title of the act of 1895, chapter 816, indicating an intention to repeal chapter 550 of the Laws of 1893.
Nothing is found in the act of 1895 expressly repealing, modifying or altering the act of 1893. The act of 1893 related to the town of Tonawanda. It provided for the issuing of bonds in certain contingencies to raise money to defray the expenditures made in the improvement of highways. The act of 1895 (Chap. 816, § 27) provides that where highways have been improved and expenditures made and bonds issued to provide for the expenditures, the hoard…
2Cases cited4 opinions
- Ensign v. . BarseNew York Court of Appeals · 1887
- Lewis v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 1897
- People Ex Rel. Hays v. . City of BrooklynNew York Court of Appeals · 1877
- Hatzung v. City of SyracuseNew York Supreme Court · 1895