Village of Tonawanda v. Price
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the ' Supreme Court in the fourth judicial department, entered January 14, 1901, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the ' Supreme Court in the fourth judicial department, entered January 14, 1901, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. The power to make the improvement and impose the assessment was conferred upon the board of trustees and not on the trustees alone exclusive of the president. (Smith v. People, 47 N. Y. 330 ; People v. Lacombe, 99 N. Y. 43.) The meeting of April 27, 1892, at which…
1Opinion of the CourtBartlett, J.
This is an action of ejectment to recover the possession of real estate, located in the village of Tonawanda, under a tax title.
The plaintiff is a municipal corporation in the county of ' Erie, organized under the general act for the incorpóration of villages, passed in the year 1870, and the acts amendatory thereof.
The legislature in 1892 (Laws of 1892, chap. 191) enacted “ An act authorizing the village of Tonawanda, Erie county, to take lands necessary, and to lay out and improve or alter and improve public parks, grounds, streets, lanes, alleys and places therein.”
Under this act the…
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