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Legal Opinion

In the Matter of Smith

New York Court of Appeals

Decided May 6, 1873PublishedCited by 17 opinions

1Opinion of the Court

These proceedings for city improvements ought to be upheld, where the court can see that no injustice is done, if it can be done without overruling the law. It seems to me impossible to uphold this assessment.

The resolution and ordinance for said work were first introduced into the board of aldermen June 30th, 1870, adopted by that board August 23d 1870, introduced into the board of assistant alderman August 25th, 1870, adopted by them August 29th, 1870, approved by the mayor August 30th, 1870.

The Laws of 1870 (vol. 1, p. 369, § 20) declare that no vote shall be taken in either board upon the…

2Cited by17 opinions

  1. City of New Rochelle v. Echo Bay Waterfront Corp.Appellate Division of the Supreme Court of the State of New York · 1944
  2. In Matter of Petition of BurmeisterNew York Court of Appeals · 1879
  3. Matter of BurkeNew York Court of Appeals · 1875
  4. Seafire Inc. v. AckersonNew York Supreme Court · 1947
  5. In the Matter of FolsomNew York Court of Appeals · 1874

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