Reining v. . City of Buffalo, Etc.
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Buffalo, in favor of defendants, entered upon an order made January 5,1884, which sustained a demurrer to plaintiff’s complaint and dismissed the complaint. This action was brought to recover damages alleged to have been sustained by plaintiffs by the unlawful erection of an embankment in a street in the city of Buffalo.
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Appeal from judgment of the General Term of the City Court of Buffalo, in favor of defendants, entered upon an order made January 5,1884, which sustained a demurrer to plaintiff’s complaint and dismissed the complaint. This action was brought to recover damages alleged to have been sustained by plaintiffs by the unlawful erection of an embankment in a street in the city of Buffalo. The defendant, the said city, demurred to the complaint, that as to it, the complaint did not state facts sufficient to constitute a cause of action. The plaintiffs’ cause of action is given by the principles of…
1Opinion of the Court
Roger, Ch. J.
The sole question presented by this appeal is, whether the complaint, in an action against the city of ' Buffalo, should contain an allegation of the previous presentation of the claim declared on to its common council, and that forty days had expired since such presentation. The clause of the city charter requiring such a proceeding reads as follows : “bic action to recover or enforce any claim against the city shall be brought until the expiration of forty days after the claim shall have been presented to the common council in the manner and form provided.” (§ 7, tit. 3, chap.…
2Cases cited8 opinions
- Howland v. . EdmondsNew York Court of Appeals · 1862
- Fisher v. Mayor of New YorkNew York Court of Appeals · 1876
- Minick v. . City of TroyNew York Court of Appeals · 1881
- Benware v. Town of Pine ValleyWisconsin Supreme Court · 1881
- Marshall County v. Jackson CountySupreme Court of Alabama · 1860
3 more not listed; retrieve them via the Exa API.
3Cited by113 opinions
- Smothers v. Gresham Transfer, Inc.Oregon Supreme Court · 2001
- Winter v. . City of Niagara FallsNew York Court of Appeals · 1907
- Walters v. City of OttawaIllinois Supreme Court · 1909
- Neuenschwander v. Washington Suburban Sanitary CommissionCourt of Appeals of Maryland · 1946
- Murphy v. . Village of Fort EdwardNew York Court of Appeals · 1915
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