Matter of Palmer
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made the first Monday of January, 1887, which reversed an order of the Special Term continuing the above proceeding in the name of the executors of the above petitioner. The nature of the proceeding and the facts are sufficiently stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made the first Monday of January, 1887, which reversed an order of the Special Term continuing the above proceeding in the name of the executors of the above petitioner. The nature of the proceeding and the facts are sufficiently stated in the opinion. The petitioner having paid the assessment pending the proceedings to vacate the same, his legal representatives are entitled to a revival and continuance of the proceedings for the purpose of enforcing restitution. (Purcell v. Mayor, etc., 85 N. Y. 330,…
1Opinion of the CourtEarl, J.
Some time prior to 1873 an assessment had been laid upon land of' the petitioner in the city of Hew York for the expenses of a sewer. In June and Hovember of that year he conveyed the land and was thus entirely divested of any interest therein. On the thirty-first day of December thereafter he made application to the Supreme Court by petition under the act, chapter 338 of the Laws of 1858, and the acts amendatory thereof, to have the assessment vacated. On the 21st day of March, 1874, while his application was pending, he paid the assessment in full, and on the tenth day of May thereafter he…
2Cases cited2 opinions
- Lyon v. . ParkNew York Court of Appeals · 1888
- Evans v. . ClevelandNew York Court of Appeals · 1878
3Cited by12 opinions
- Rosenfeld v. Hotel Corp. of AmericaNew York Court of Appeals · 1967
- State ex rel. King v. PearceAlabama Court of Appeals · 1916
- Cavanaugh v. ScottWisconsin Supreme Court · 1893
- Smith v. HarringtonWyoming Supreme Court · 1891
- In re Estate of SchlesingerAppellate Division of the Supreme Court of the State of New York · 1899
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