Matter of Lord
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term denying the application of the petitioner to vacate an assessment upon his property for repaving Great Jones street in the city of New York. The facts appear sufficiently in the opinion. The right to bring this • action cannot be barred except by a statute of limitations.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, affirming an order of Special Term denying the application of the petitioner to vacate an assessment upon his property for repaving Great Jones street in the city of New York. The facts appear sufficiently in the opinion. The right to bring this • action cannot be barred except by a statute of limitations. (Angelí on Limitation, 11, § 12; 2 Inst., 95; Co. Litt., 115; 4 Rep., 10; People v. Gilbert, 18 J. R., 227; Wilcox v. Fitch, 20 id., 475; Wallv. Robson, 2 Mott & McCord [S. C.],-499; Miner v.…
1Opinion of the CourtFolger, J.
This matter arises upon the petition of the appellant, for the vacating of an assessment laid upon his property for the paving of the street in front thereof. The proceeding is special, under the act of 1858 : (Chap. 338, Laws of 1858, p. 574.) Certain irregularities are shown by the proofs of the petitioner; and that they existed seems to bo conceded by the counsel for the respondent. It also appears that the assessment complained of was for a second or subsequent pavement, after the property had been once assessed for a like "work upon the same street.: (Laws of 1874, chap. 313, pp. 366,…
2Cases cited4 opinions
- Miner v. . BeekmanNew York Court of Appeals · 1872
- McMurray v. . NoyesNew York Court of Appeals · 1878
- Ex Parte J. B. Elmendorf v. Mayor of New-YorkNew York Supreme Court · 1841
- Davison v. . Associates of the Jersey CompanyNew York Court of Appeals · 1877
3Cited by11 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- Lux v. HagginCalifornia Supreme Court · 1886
- In the Matter of the Petition of MerriamNew York Court of Appeals · 1881
- Seligson v. WeissAppellate Division of the Supreme Court of the State of New York · 1928
- People ex rel. Schick v. MarvinAppellate Division of the Supreme Court of the State of New York · 1936
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