Wiggin v. Mayor of New-York
New York Court of Chancery
This was an application for an injunction to restrain the collection of an assessment for the widening, straightening and improving John-street, in the city of New-York, between Broadway and Pearl-street.
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This was an application for an injunction to restrain the collection of an assessment for the widening, straightening and improving John-street, in the city of New-York, between Broadway and Pearl-street. From the bill it appeared that the ordinance of the common council authorising and directing this improvement, was passed in February, 2836 ; that shortly afterwards the supreme court appointed commissioners of estimate and assessment, who made their report in 1838, and the same was presented to that court for confirmation, but was afterwards sent back to the commissioners for revisal and…
1Opinion of the Court
The Chancellor.
The language of the bill in this case leaves it doubtful whether the complainant, at this time, is the onwer of, or has any interest in any of the lots mentioned in the bill as having been assessed for this improvement. And so far as his personal liability is concerned, this court does not interfere to prevent a mere trespass upon personal rights, or personal estate, where the complainant has a perfect remedy at law. The bill, instead of alleging in the usual manner that the complainant was at a particular date and still is the owner of the lots upon which the assessment for…
2Cases cited2 opinions
- In re Anthony-streetNew York Supreme Court · 1839
- Gillespie v. Mayor of New-YorkCourt for the Trial of Impeachments and Correction of Errors · 1840
3Cited by46 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Pixley v. HugginsCalifornia Supreme Court · 1860
- Lux v. HagginCalifornia Supreme Court · 1886
- Muncey v. JoestIndiana Supreme Court · 1881
- City of St. Louis v. RossiSupreme Court of Missouri · 1933
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