Pavy v. Greensburgh & Columbus Turnpike Co.

This was an action by the appellants to. enjoin the collection of an assessment for benefits under the acts for the construction of turnpike roads, 1etc. The complaint contains an allegation, that all the lands within one mile and a half of the road were not examined, viewed, or assessed by the assessors ; that there was omitted from their list one thousand acres lying within that distance from the road.

The answer as filed was in five paragraphs, but the first, second, and third paragraphs were withdrawn, leaving only the fourth and fifth. The fourth is pleaded as an estoppel, alleging that…