Bogert v. City of Elizabeth
Supreme Court of New Jersey
This case stood on bill and demurrer. 10 C. E. Green, 427. The complainant was the owner of a lot in the city of Elizabeth, which had been sold to raise an assessment imposed upon it in the laying of a wooden pavement in the roadway in front of it. The city, at this sale, became the purchaser, and the prayer of the bill is that the title of the complainant may be quieted against the lien thus asserted.
1Opinion of the Court
The opinion of the court was delivered by
The Chief Justice.
The proceeding which resulted in a sale of the premises now in question was, conspicuously, a nullity. It is the product of the one hundred and fifth section of the act to revise the charter of the city of Elizabeth, passed March 4th, 1863, (Pamph. *569Jj-i ¡L-8'63, p. 149.) The language of the clause is this: “ That the whole amount of the costs 'and expenses of regulating, grading, and paving any street, or section of a street, or grading, graveling, flagging, macadamizing, or otherwise improving ■•any street, or section of a street,…
2Cases cited2 opinions
- Heywood v. . the City of BuffaloNew York Court of Appeals · 1856
- Hamilton v. CummingsNew York Court of Chancery · 1815
3Cited by6 opinions
- Bung's Bar & Grille, Inc. v. TP. COUNCIL OF FLORENCENew Jersey Superior Court Appellate Division · 1985
- Norwood v. BakerSupreme Court of the United States · 1898
- Hyland v. KirkmanNew Jersey Superior Court Appellate Division · 1985
- Merewood, Inc. v. DenshawNew Jersey Court of Chancery · 1947
- Suburban Homes Co. v. West OrangeNew Jersey Court of Chancery · 1929
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