Stafford v. Mayor of Albany
New York Supreme Court
THIS was an action of assumpsit. The declaration was of the term of February, 1809. It stated, that the act of the 4th April, 1801, did, by the 13th section thereof, (Laws, vol. 2. n , , „r . , _________, v__....., 153*) declare, that it the defendants should require the ground of any person fór streets, &c. they should give him notice, and treat with him for the same; and if he shall refuse to treat, the mayor, or recorder, and two aldermen should, by precept, summon a jury…
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THIS was an action of assumpsit. The declaration was of the term of February, 1809. It stated, that the act of the 4th April, 1801, did, by the 13th section thereof, (Laws, vol. 2. n , , „r . , _________, v__....., 153*) declare, that it the defendants should require the ground of any person fór streets, &c. they should give him notice, and treat with him for the same; and if he shall refuse to treat, the mayor, or recorder, and two aldermen should, by precept, summon a jury for the mayor’s court, to inquire and assess the damages and recompense due to the &c. and give notice, at the same…
1Per curiam
The judgment of the mayor’s court, in March, 1809, setting aside the assessment, and judgment thereon, by reason of some defect in the precept for summoning the jury, was not an act warranted by law. The statute does not require that the precept should specify particularly, by metes and bounds, the land to be valued. That was a matter resting in evidence, to be disclosed upon the trial. By the appearance of the parties at the trial, and by the view which the jury had, the mistakes, if any, in the precept, xvere waived; and especially, since the defendants, by their counsel, moved for…
2Cited by8 opinions
- Bullard v. BellU.S. Circuit Court for the District of New Hampshire · 1817
- Garland v. DavisSupreme Court of the United States · 1846
- Visscher v. Hudson River RailroadNew York Supreme Court · 1853
- Second Nat. Bank of Titusville v. CaldwellDistrict Court, W.D. Pennsylvania · 1882
- Ganson v. City of BuffaloNew York Court of Appeals · 1864
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