People ex rel. Kilmer v. Cheritree
New York Supreme Court
Certiorari on relation of Chaimcey Kilmer and others against A. J. Cheritree, David T. Laurel and others, commissioners of appraisal on improvement of streets in Saratoga Springs, and Patrick McGrath, town clerk.
Read the full summary
Certiorari on relation of Chaimcey Kilmer and others against A. J. Cheritree, David T. Laurel and others, commissioners of appraisal on improvement of streets in Saratoga Springs, and Patrick McGrath, town clerk. The writ was awarded by a judge out of court, requiring defendant to return the proceedings of said commissioners, in appraising the damages and assessing the benefits resulting from the laying out, widening and extending Union avenue, in the village of Saratoga Springs, from Kelson street to Circular street, under chapter 623 of the Laws of 1870, entitled “An act to provide for…
1Opinion of the CourtMilieu, P. J.
It is claimed by the counsel for the relators that the commissioners of appraisal appointed in pursuance of the act of 1870 have failed to comply with the requirements of said act, and for that reason the taxes imposed upon the relators are illegal, and should be set aside. By the ninth section of the act in question, in case the commissioners of construction disagree with the owners, provision is made for the appointment of commissioners of appraisal. These last-named commissioners are to appraise all damages, and to assess all resulting benefits as provided in sections 10 and 11; and by the…
2Cases cited7 opinions
- People ex rel. Church v. Supervisors of AlleganyNew York Supreme Court · 1836
- Westfall v. . PrestonNew York Court of Appeals · 1872
- Scott v. JonesSupreme Court of the United States · 1847
- The People v. . StilwellNew York Court of Appeals · 1859
- Hallett v. CollinsSupreme Court of the United States · 1850
2 more not listed; retrieve them via the Exa API.