Hassen v. . City of Rochester
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, in favor of defendants entered upon an order denying a motion for a new trial and directing judgment on a nonsuit.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, in favor of defendants entered upon an order denying a motion for a new trial and directing judgment on a nonsuit. (Reported below, 6 Lans., 185.) This action was brought, among other objects, for the purpose of restraining, by injunction, the collection of assessments imposed on lands of the plaintiffs in the city of Rochester, under its charter (chapter 143, of the Laws of 1861), for the improvement of Oak street, one of the streets in that city. Plaintiffs’ counsel, in opening the case on the…
1Opinion of the Court
Lott, Ch. C.
Section Í91, of the charter of the city of Rochester (chapter 143 of the Laws of 1861), in force when the assessments in question were made, so far as it relates to the matters involved on this appeal, was in these terms, viz.: “ Whenever the common council ■ shall determine that the whole or any part of the expense of any public improvement, not requiring the taking of any land by said city, shall be defrayed by an assessment on the owners and occupants of houses and lands to be benefited thereby, they shall declare the same by an entry in their minutes, and after ascertaining,…
2Cited by21 opinions
- Ellwood v. . City of RochesterNew York Court of Appeals · 1890
- Matter of City of New York (Pugsley Ave.)New York Court of Appeals · 1916
- Providence Retreat v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1898
- Howell v. City of TacomaWashington Supreme Court · 1892
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
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