In Re the New York Institution for the Instruction of the Deaf & Dumb
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department made the second Monday of November, 1889, which affirmed an order of Special! Term denying an application of petitioner to reduce assessments for paving and regulating Eleventh avenue in the city of New York from One Hundred and Fifty-fifth street toKingsbridge road. The material facts are 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 second Monday of November, 1889, which affirmed an order of Special! Term denying an application of petitioner to reduce assessments for paving and regulating Eleventh avenue in the city of New York from One Hundred and Fifty-fifth street toKingsbridge road. The material facts are stated in the opinion. It is a substantial error that the assessments in question are for the total expense-incurred. (Laws of 1865, chap. 565, § 8; In re Hearn, 96 N. Y. 378; Laws of 1870, chap. 137 ; Laws of 1872,…
1Opinion of the CourtEarl, J.
Eleventh avenue above One Hundred and Fifty-fifth street in the city of Hew York was laid out, and the title to the lands therefor was acquired by the commissioners of the Central park, under chapter 565 of the Laws of 1865. Subsequently, in the year 1888, the avenue was improved by the commissioner of public works for more than a mile of its length, and the whole expense of the improvement was assessed on property fronting on the avenue. The petitioner claims that not more than one-half of such expense should have been assessed upon the adjacent property, under section 8 of the act of 1865,…
2Cases cited4 opinions
- Bartlet v. KingMassachusetts Supreme Judicial Court · 1815
- King v. CornellSupreme Court of the United States · 1882
- Heckmann v. . PinkneyNew York Court of Appeals · 1880
- Butler v. RussellU.S. Circuit Court for the District of Massachusetts · 1869
3Cited by32 opinions
- Cromwell v. . MacLeanNew York Court of Appeals · 1890
- Peterson v. . MartinoNew York Court of Appeals · 1914
- Opinion of the JusticesSupreme Court of New Hampshire · 1891
- Mercantile Nat. Bank v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1902
- Winslow v. . MortonSupreme Court of North Carolina · 1896
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