Whitney v. Mayor of New York
New York Court of Chancery
The bill in this cause was filed to restrain the defendants from selling two lots of the complainants, which had been assessed for a share of the expenses of regulating and improving Lombardy street, between Clinton and Walnut streets, in the city of New York, under the 175 th section of the act to reduce several laws relating particularly to the city of New York, into one act.
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The bill in this cause was filed to restrain the defendants from selling two lots of the complainants, which had been assessed for a share of the expenses of regulating and improving Lombardy street, between Clinton and Walnut streets, in the city of New York, under the 175 th section of the act to reduce several laws relating particularly to the city of New York, into one act. (2 Rev. Laws, 407.) The alleged irregularity in the proceedings was that the improvement in the street had been made before the assessment for that purpose, and before the entry of the ordinance authorizing the…
1Opinion of the Court
The Chancellor :—It is not necessary for me to express an opinion whether there is any legal objection to the assessment against the complainant’s property. If it is illegal, he has a full and perfect remedy at law, and this is not the proper tribunal for him to apply to for redress. In Mooers v. *Smedley, (6 John. Ch. Rep. 28,) this court decided that the review and correction of errors, abuses and mistakes in the exercise of the powers of inferior and subordinate jurisdictions, and in the official acts of public officers, belonged exclusively to the Supreme Court. That such a power exists…
2Cases cited2 opinions
- Le Roy v. Mayor of New-YorkNew York Supreme Court · 1823
- Wildy v. WashburnNew York Supreme Court · 1819
3Cited by3 opinions
- Becker v. Lebanon & Myerstown Street Railway Co.Superior Court of Pennsylvania · 1897
- Havemeyer v. Brooklyn Sugar Refining Co.New York Supreme Court · 1890
- In re BruniNew York Supreme Court · 1847