Alvord v. . City of Syracuse
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 24, 1897, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered June 24, 1897, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The common council had no authority to order the assessment levied, and, therefore, the assessment, as made by the assessors, creates no cloud on plaintiff’s title, and this action cannot be maintained in equity to vacate or cancel the same. (Stuart v. Palmer, 74 N. Y. 183;…
1Opinion of the CourtCullen, J.
This action was brought to set aside an assessment levied against the property of the plaintiff in the city of Syracuse for a local improvement, and to enjoin the defendants from seeking to enforce the same and from selling the plaintiff’s property for the non-payment thereof. On October 24th, 1892, the common council of the city of Syracuse ordered the repavement of South Salina street, in said city, and directed the mayor and the clerk to enter into a contract for the performance of the work. By section 165 of the charter of the city (Chap. 26, Laws of 1885, as amended by chap. 449, Laws of…
2Cases cited4 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Mellen v. . MellenNew York Court of Appeals · 1893
- Marsh v. . City of BrooklynNew York Court of Appeals · 1874
- Sanders v. . Village of YonkersNew York Court of Appeals · 1875
3Cited by8 opinions
- Elmhurst Fire Co. v. . City of New YorkNew York Court of Appeals · 1914
- Sluss v. Brown-Crummer Investment Co.Supreme Court of Kansas · 1936
- Nord v. Butte Water Co.Montana Supreme Court · 1934
- Bussing v. . City of Mount VernonNew York Court of Appeals · 1910
- Donovan v. City of OswegoAppellate Division of the Supreme Court of the State of New York · 1904
3 more not listed; retrieve them via the Exa API.