In re Agnew
New York Supreme Court
Appeal from an order made at the Special Term, vacating an assessment for paving Madison avenue, in the city of New York, from Forty-second street to Eighty-sixth street. It appeared, from the evidence, that the resolution and ordinance authorizing the improvement were introduced into the board of councilmen, July 1,1868, adopted by that board November 9,1868 ; introduced into the board of aldermen, November eleventh, and adopted by that board November sixteenth.
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Appeal from an order made at the Special Term, vacating an assessment for paving Madison avenue, in the city of New York, from Forty-second street to Eighty-sixth street. It appeared, from the evidence, that the resolution and ordinance authorizing the improvement were introduced into the board of councilmen, July 1,1868, adopted by that board November 9,1868 ; introduced into the board of aldermen, November eleventh, and adopted by that board November sixteenth. That such resolution and ordinance were amended by inserting the “ crosswalk ” provision by the board of aldermen, December 3d,…
1Opinion of the Court
Davis, P. J.:
It is not at all clear that the proper publication was not made in the New York Leader, as required by the act of 1857. The ordinance and resolution as amended by the introduction of “ the crosswalk provision,” was adopted by the board of aldermen December 3d, 1868, and by the board of councilmen, on the 10th day of December, 1868. The petitioner showed that on the “ preceding twenty-eighth of November, the proceedings of the board of aldermen of November 19th, 1868, crosswalk provision introduced,’ ” were published in that paper. It was doubtless under the amended resolution…
2Cases cited7 opinions
- Matter of Petition of Ferdinand MayerNew York Court of Appeals · 1872
- Howell v. . the City of BuffaloNew York Court of Appeals · 1867
- Lennon v. . Mayor, Etc., of N.Y. CityNew York Court of Appeals · 1874
- In Matter of PalmerNew York Court of Appeals · 1869
- Matter of Petition of Sarah E. BassfordNew York Court of Appeals · 1872
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