Astor v. Mayor, Aldermen & Commonalty
The Superior Court of New York City
The action was brought to set aside certain assessments^and to perpetually restrain their collection. The facts established on the trial, and found by .the court, were as follows: .hirst.
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The action was brought to set aside certain assessments^and to perpetually restrain their collection. The facts established on the trial, and found by .the court, were as follows: .hirst. That pursuant to the provisions of the act of May 17, 1869, cited in the complaint (ch. 890 of the Laws of 1869), Broadway was laid out by the commissioners therein named, and proceedings were had in the supreme court resulting in a report by commissioners of estimate and assessment, which was confirmed by that court in December, 1870. That thereafter, under an act passed February 37, 1871 (oh. 57 of the…
1Opinion of the Court
On making the above decision, the following opinion was rendered:
Freedman, J.
This action is brought by the plaintiff as the owner of a number of lots situate in the city of New York, to have certain assessments alleged to have been illegally imposed upon said lots for a street improvement removed, as a cloud upon his title. The relief demanded by the complaint is that the record of said assessments in the office of the comptroller, so far as it affects the said lots of the plaintiff, be cancelled and annulled ; that the entries made in said record, so far as they affect the said lots of the…
2Cases cited23 opinions
- Providence Bank v. BillingsSupreme Court of the United States · 1830
- Embury v. . ConnerNew York Court of Appeals · 1850
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- Mayor of Brooklyn v. MeseroleNew York Supreme Court · 1841
- Forrest v. . ForrestNew York Court of Appeals · 1862
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