Rome, Watertown & Ogdensburgh Railroad v. Smith

Davis, P. J.:

While I concur in the views expressed by my brother Daniels, touching the validity and sufficiency of both of the oaths taken by the assessors and annexed to the respective assessment-rolls, and in the opinion that if the first was in any respect illegal or irregular all error was cured by the making of the second oath, which was a literal compliance with the requirement of the act of 1885, yet I think prominence should also be given to the grounds upon which the continuance of the injunctions were denied by the court at Special Term. Those grounds were expressed in the opinion…