Buell v. . the Trustees of the Village of Lockport
New York Court of Appeals
This was an action of debt brought in 1845 by the plaintiffs, to recover of the defendants the amount of damages assessed to them upon the opening of a street in the village of, Lockport, and adjudged to them by the president of the village, under the 43d section of the act incorporating it (Laws 1829, p. 141). The defense set up was, 1. That the defendants had no authority to pass the ordinance, and that all the proceedings thereon were therefore void; the act authorizing…
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This was an action of debt brought in 1845 by the plaintiffs, to recover of the defendants the amount of damages assessed to them upon the opening of a street in the village of, Lockport, and adjudged to them by the president of the village, under the 43d section of the act incorporating it (Laws 1829, p. 141). The defense set up was, 1. That the defendants had no authority to pass the ordinance, and that all the proceedings thereon were therefore void; the act authorizing the proceedings only in cases where “the land of any person is necessary to be taken for a street, including the site of…
1Opinion of the Court
The decision of the court of appeals on the former appeal in this cause disposes of it. The right of the plaintiffs to recover on proving the facts stated in their declaration, was directly involved, and must be deemed established by the reversal of the judgment of nonsuit, and the award of a new trial. Unless some ground of defense was disclosed by the defendants on the last trial, which was not brought to the notice of this court upon the former appeal, the judgment of the court below should be affirmed No material change in the proof has been pointed out by the counsel for the appellants.…
2Cases cited1 opinion
- Bennett v. BurchCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by3 opinions
- In Matter of City of BuffaloNew York Court of Appeals · 1879
- Mayor of New York v. RyanNew York Court of Common Pleas · 1878
- Buell v. Trustees of LockportNew York Court of Appeals · 1853