English v. Mayor of Wilmington
Supreme Court of Delaware
This case came up from the Superior Court in and for New Castle County on a casejrtated and questions of Jaw reserved for a hearing before all the Judges in the Court of Errors and Appeals.
Read the full summary
This case came up from the Superior Court in and for New Castle County on a casejrtated and questions of Jaw reserved for a hearing before all the Judges in the Court of Errors and Appeals. It was a certigrari to the Board of directors of the Street and Sewer Department of the City of Wilmington, brought to test the the validity of a sewer assessment that had been made a lien upon lands and building of the plaintiff situated in the City of Wilmington at the northwest corner of Gilpin avenue and Adams street. It appears from the agreed statement of facts and the record that prior to the 25th…
1Opinion of the Court
Nicholson, Chancellor,
delivered the opinion of the Court.
It is not open to doubt, nor is it questioned in this case, that it is within the power of the Legislature to require that the expense of constructing drains, sewers, and the like, should be met, in whole or in part, by local assessments made upon persons or property benefited or deemed to be benefited. “ Legislation of this character, both in respect to its justice and constitutional validity, has been extensively discussed by judicial tribunals of nearly every State in the Union. The Courts are very generally agreed that the authority…
2Cases cited23 opinions
- Hurtado v. CaliforniaSupreme Court of the United States · 1884
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Spencer v. MerchantSupreme Court of the United States · 1888
18 more not listed; retrieve them via the Exa API.