Jones v. Mayor of New York

Daniels, J.:

The action was brought to recover the amount paid upon an assessment for a local improvement, the proceedings in which were afterwards vacated at the instance and on the application of the plaintiff. These proceedings were not commenced until after the payment of the assessment had been made, and for that reason it was held at'the trial that they were inoperative and secured to the plaintiff no legal right to the recovery of her money. This objection was held to be fatal under the authority of Matter of Lima (77 N. Y., 170), and Matter of Hughs (93 id., 512), in which it was held…