Bouton v. City of Brooklyn
New York Supreme Court
Appeal by the plaintiff, from a judgment entered at a special term of the court. The complaint was filed by Bouton, a resident of the city of Brooklyn, in behalf of himself, and in behalf and for the benefit of all others interested in the matter of Washington park grading, a proceeding instituted by the defendants, tlie City of Brooklyn, against the plaintiff and other persons, who were the owners of certain lands and premises in the city of Brooklyn.
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Appeal by the plaintiff, from a judgment entered at a special term of the court. The complaint was filed by Bouton, a resident of the city of Brooklyn, in behalf of himself, and in behalf and for the benefit of all others interested in the matter of Washington park grading, a proceeding instituted by the defendants, tlie City of Brooklyn, against the plaintiff and other persons, who were the owners of certain lands and premises in the city of Brooklyn. The plaintiff stated that by an act of -the legislature passed the 23d day of April, 1835, a public square or park was laid out in what was…
1Opinion of the Court
By the Court, Brown, J.
The plaintiff invokes the interposition of the equitable powers of this court to avoid the assessment for grading Washington park, and to restrain the collector, Isaac P. g. Briant, from proceeding under the warrant to enforce the same, upon two grounds. 1st. To prevent a multiplicity of suits, and the consummation of an act greatly injurious to the plaintiff and to others, whose lands are charged with the assessment, and for whose benefit and in whose behalf in common with himself the complaint is filed; ,and 2d. To remove the cloud upon the title of the lands of the…
2Cases cited6 opinions
- Mayor of Brooklyn v. MeseroleNew York Supreme Court · 1841
- Livingston v. HollenbeckNew York Supreme Court · 1847
- West v. Mayor of New-YorkNew York Court of Chancery · 1844
- Wiggin v. Mayor of New-YorkNew York Court of Chancery · 1841
- Pettit v. ShepherdNew York Court of Chancery · 1835
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Heywood v. . the City of BuffaloNew York Court of Appeals · 1856
- Tingue v. . Village of Port ChesterNew York Court of Appeals · 1886
- Williams v. County Court of Grant Co.West Virginia Supreme Court · 1885
- Blake v. City of BrooklynNew York Supreme Court · 1857
- Howell v. City of BuffaloNew York Court of Appeals · 1863
14 more not listed; retrieve them via the Exa API.