Trimmer v. . City of Rochester
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon, an order made March 25, 1890, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought to recover back moneys paid upon alleged illegal assessments for a street improvement.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon, an order made March 25, 1890, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. This action was brought to recover back moneys paid upon alleged illegal assessments for a street improvement. May 30, 1865, the common council of the city of Rochester;, pursuant to chapter 143 of the Laws of 1861, the city charter, confirmed an assessment of §30,830, for curbing and paving Oak street, between Allen and Lisle streets, the sum…
1Opinion of the Court
Follett, Oh. J.
The taxing officers of the defendant-omitted from the assessment-roll realty benefited by the-, improvement, and for this error assessments against the taxpayers who brought actions to set them aside were adjudged to be illegal. (Hassen v. City of Rochester, 65 N. Y. 516; 67 id. 528.)
There is a broad distinction between an assessment which is illegal by reason of the existence of some fact outside of the record, and one void on the face of the record, for lack of jurisdiction of the person or property, or by reason of the unconstitutionality of the statute under which the…
2Cases cited4 opinions
- Moore v. . City of AlbanyNew York Court of Appeals · 1885
- Reid v. . Suprs. of Albany Co.New York Court of Appeals · 1891
- Hassen v. . City of RochesterNew York Court of Appeals · 1875
- In the Matter of DelanceyNew York Court of Appeals · 1873
3Cited by5 opinions
- Old Dominion Copper Mining & Smelting Co. v. BigelowMassachusetts Supreme Judicial Court · 1909
- First National Bank v. City of EmmetsburgSupreme Court of Iowa · 1912
- Trimmer v. . City of RochesterNew York Court of Appeals · 1892
- United States Trust Co. v. Mayor of New YorkNew York Supreme Court · 1894
- McCall v. City of RochesterNew York Supreme Court · 1904