Legal Opinion

In the Matter of Kiernan

New York Court of Appeals

Decided September 21, 1875PublishedCited by 11 opinions

Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing an order of Special Term denying motions to vacate an assessment for grading and paving Grand Street, in the city of Brooklyn, and directing judgment vacating the assessment.

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Appeal from order of the General Term of the Supreme Court in the second judicial department, reversing an order of Special Term denying motions to vacate an assessment for grading and paving Grand Street, in the city of Brooklyn, and directing judgment vacating the assessment. (Reported below, 3 Hun, 623; 6T.& C., 320.) It was stipulated by the counsel for the respective parties, that all the proceedings in laying the assessment were regular, except the petition asking for' the improvement. The facts in relation thereto are sufficiently 'stated in the opinion. The determination of the common…

1Opinion of the Court

Church, Ch. J.

The assessment which is sought to be vacated in these proceedings was for grading and paving Grand street in the city of Brooklyn, between Bushwick and Metropolitan avenues. The sole objection raised to the regularity of the assessment is that the petition upon' which the common council authorized the work, was not signed by a majoi’ity of the owners of land situated on the line of the contemplated improvement. Theact of 1861 (chap. 169, Laws of 1861) declares (§ 1) that no proceedings shall be had unless upon petition signed by a majority of such owners. The petition in…

2Cases cited2 opinions

  1. Matter of Commissioners of Central ParkNew York Court of Appeals · 1872
  2. In the Matter of SharpNew York Court of Appeals · 1874

3Cited by11 opinions

  1. In re the Bonds of the Madera Irrigation DistrictCalifornia Supreme Court · 1891
  2. Londoner v. City & County of DenverSupreme Court of Colorado · 1911
  3. Miller v. . City of AmsterdamNew York Court of Appeals · 1896
  4. State ex rel. Gray v. Common Council of OconomowocWisconsin Supreme Court · 1899
  5. Bussing v. . City of Mount VernonNew York Court of Appeals · 1910

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