Loomis v. City of Little Falls
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, the City of Little Falls and another^ from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Herkimer on the 22d day of January, 1901, upon the report of a referee.
1Opinion of the Court
Williams, J.:
The judgment appealed from should be reversed and a new trial ordered before another referee, with costs to appellants to abide event.
The action was brought to set aside a certain local assessment as a cloud upon title of real property.. The assessment was for three purposes: First. For a sewer in Whited and Loomis streets. Second. For grading Whited street. Third. For locating water service and sewer pipes in Whited and Loomis streets.
First. As to the sewer itself, section 68 of the charter of Little Falls (Laws of 1895, chap. 565, as amd. by Laws of 1898, chap. 199) provides in…
2Cases cited4 opinions
- Parmenter v. . StateNew York Court of Appeals · 1892
- Conde v. . City of SchenectadyNew York Court of Appeals · 1900
- Hatzung v. City of SyracuseNew York Supreme Court · 1895
- People ex rel. Keller v. ManyNew York Supreme Court · 1895
3Cited by1 opinion
- People ex rel. Bonnett v. ClarkeAppellate Division of the Supreme Court of the State of New York · 1905