People ex rel. Richmond v. Wilson
New York Supreme Court
On certiorari. Writs of certiorari at the relation severally of Katharine H. Richmond and: William A. Smith against John H. Wilson and others, trustees of the village-of Flushing, to vacate an assessment made on the lands of relators to pay the expenses of certain street improvements. The principal objection to the-validity of the assessment was based on the insufficiency of the petition of" the land-owners asking for the improvement.
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On certiorari. Writs of certiorari at the relation severally of Katharine H. Richmond and: William A. Smith against John H. Wilson and others, trustees of the village-of Flushing, to vacate an assessment made on the lands of relators to pay the expenses of certain street improvements. The principal objection to the-validity of the assessment was based on the insufficiency of the petition of" the land-owners asking for the improvement. The village charter, (Laws-N. Y. 1883, c. 248, tit. 4, § 5,) provides that when a majority of the owners-of land fronting on any street or section half a mile…
1Opinion of the CourtBarnard, P. J.
The petition of a majority of the land-owners fronting on. the street was a prerequisite to the power of the trustees to lay the assessment for the proposed improvement. This essential fact was lacking. There was no other material defect. The whole work need not to be done at once, and the proceedings before making the order substantially complied with chapter 248, Laws 1883, tit. 4, § 3. The trustees met on the ground, in accordance with the statute. The assessment roll was made out and filed. The signature by the clerk is sufficient, in the absence of proof, that the signing was…
2Cases cited5 opinions
- In the Matter of Van AntwerpNew York Court of Appeals · 1874
- Jex v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1886
- Remsen v. . WheelerNew York Court of Appeals · 1887
- Tifft v. . City of BuffaloNew York Court of Appeals · 1880
- People Ex Rel. Hays v. . City of BrooklynNew York Court of Appeals · 1877