In the Matter of the Petition of Lowden
New York Court of Appeals
Appeal from order of the G-eneral Term of the Supreme Court, in the first judicial department, made October 28,1881, which affirmed an order of Special Term denying a motion to vacate an assessment upon certain lots of the petitioner in the city of New York, for the First avenue sewer, but reducing the assessment by deducting a proportionate share of an item for surveyor’s fees, included in said assessment.
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Appeal from order of the G-eneral Term of the Supreme Court, in the first judicial department, made October 28,1881, which affirmed an order of Special Term denying a motion to vacate an assessment upon certain lots of the petitioner in the city of New York, for the First avenue sewer, but reducing the assessment by deducting a proportionate share of an item for surveyor’s fees, included in said assessment. (Mem. of decision below, 25 Hun, 434.) The grounds of objection, and the facts pertaining thereto, are stated in the opinion.
1Opinion of the Court
Dasfobth, J. Lowden,
by his petition to the Supreme Court, showed that he was the owner of certain lots affected by an assessment laid June 5, 1879, for the construction of a sewer in First avenue in the city of Hew Torb, and complained that it was irregular for the following among other reasons:
First. Because it included an item for surveyors’ and engineers’ fees, “ whereas,” he says, “ no such amount was incurred or expended by the department of public works or its predecessors, which could properly be chargeable to said assessment.” Second. Because no legal trial or hearing is provided by…
2Cases cited4 opinions
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- In the Matter of the Petition of MerriamNew York Court of Appeals · 1881
- Matter of the Petitions of Laura E. EagerNew York Court of Appeals · 1871
- In Matter of Petition of DepeysterNew York Court of Appeals · 1880
3Cited by7 opinions
- City of Excelsior Springs v. EttensonMissouri Court of Appeals · 1906
- City of Atchison v. PriceSupreme Court of Kansas · 1891
- Pflueger v. KinseySupreme Court of Missouri · 1928
- Parsons v. City of WorcesterMassachusetts Supreme Judicial Court · 1919
- People ex rel. Stow v. Common CouncilAppellate Division of the Supreme Court of the State of New York · 1899
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