People ex rel. Keller v. Many
New York Supreme Court
Certiorari by George Keller to review an assessment made by William C. Many and others, composing the common council of the city of Mount Vernon. Quashed.
1Opinion of the CourtPratt, J.
The subject-matter of grading and altering or changing the grade of streets in Mount Vernon was plainly within the jurisdiction of the respondents. The relator’s contention that they proceeded without jurisdiction depends upon the question whether or not this work was in fact an alteration or change of grade, within the meaning of the statute. The allegation of the petition that South Fourth avenue had been for many years used as a public highway before the respondents began work to pave is not definitely controverted by the return. There is, therefore, some ground for the relator’s…
Also in this document: Concurrence.
2Cited by3 opinions
- Keller v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1897
- Loomis v. City of Little FallsAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Bonnett v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1905