Tucker v. City of Utica
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Catherine M. Tucker, from that part of a judgment of the Supreme Court, entered in the office of the clerk of the county of Oneida on the 6th day of August, 1898, upon the decision of the court rendered after a trial at the Oneida Special Term, which provides as follows: “ How, on motion of Thomas D. Watkins, of counsel for the said defendant, it is adjudged that the assessment of $99.31, made in July, 1895, by the defendant, for the construction of…
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Appeal by the plaintiff, Catherine M. Tucker, from that part of a judgment of the Supreme Court, entered in the office of the clerk of the county of Oneida on the 6th day of August, 1898, upon the decision of the court rendered after a trial at the Oneida Special Term, which provides as follows: “ How, on motion of Thomas D. Watkins, of counsel for the said defendant, it is adjudged that the assessment of $99.31, made in July, 1895, by the defendant, for the construction of a pavement on Howard avenue, in front of plaintiff’s premises, is legal and valid, and defendant is entitled to enforce…
1Opinion of the Court
Hardin, P. J.:
Plaintiff’s husband was a soldier in the war of the rebellion, having been a member of Company K, 5th Regiment, Hew York Volunteers. He died May 1, 1870, leaving the plaintiff, his widow, and three children under sixteen years of age, to wit, Elma, who became sixteen years of age Hovember 5, 1870 ; Ada, who became sixteen years of age August 11, 1872, and Emily, who became sixteen years of age February 4, 1877. The United States government awarded to the widow a certificate for pension under which she drew $1,900, being $8 per month from May 2, 1870, and $12 per month from March…
2Cases cited8 opinions
- Hassan v. . City of RochesterNew York Court of Appeals · 1876
- In re the Mayor of New-YorkNew York Supreme Court · 1814
- Swift v. . City of PoughkeepsieNew York Court of Appeals · 1868
- United States Trust Co. v. Mayor of New YorkNew York Court of Appeals · 1895
- Broderick v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 1897
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3Cited by1 opinion
- Hope Cemetery Ass'n v. RoseNew York Supreme Court · 1921