Kennedy v. . City of Troy
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This was an equitable action, to restrain the collection of an assessment for a local improvement, i. e., the construction of a sewer in the city of Troy ; and to have the said assessment declared void.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of plaintiff, entered upon a decision of the court on trial without a jury. This was an equitable action, to restrain the collection of an assessment for a local improvement, i. e., the construction of a sewer in the city of Troy ; and to have the said assessment declared void. Judgment was rendered vacating the assessment and perpetually enjoining and restraining all proceedings for its collection. The facts appear sufficiently in the opinion. If the assessment was…
1Opinion of the Court
Per Ouriam.
The case of the plaintiffs- does not show that a suit in equity to vacate the assessment can be maintained. It does not appear that the assessors went upon a rule wrong in law. They took as a rule, that all property benefited by the making of the sewer, must be assessed for the cost of it. If they erred at all, it Avas in determining what property was in fact benefited. Such an error is to be. revieAved and corrected by certiorari, and not by suit. (Le Roy v. The Mayor, etc., 20 J. R., 430; S. C., 4 J. C. R., 352; Western R. R. Co. v. Nolan, 48 N. Y., 513.)
The decision of this…
2Cases cited1 opinion
- Western R.R. Co. v. . NolanNew York Court of Appeals · 1872
3Cited by11 opinions
- In re the Consolidated Appeals of KlockAppellate Division of the Supreme Court of the State of New York · 1898
- Hoffeld v. . City of BuffaloNew York Court of Appeals · 1892
- Mansfield v. City of LockportNew York Supreme Court · 1898
- In re KlockAppellate Division of the Supreme Court of the State of New York · 1898
- Norris v. JonesNew York Supreme Court · 1893
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