Matter of Petition of Mutual Life Ins. Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made April 10, 1882, which reversed an order of Special Term vacating an assessment upon certain lots of the petitioner for regulating and grading One Hundred and Sixth street in the city of Hew York, from Third avenue to East river. (Reported below, 27 Hun, 22.) The objections to the assessment are stated in the opinion.
1Opinion of the Court
Finch, <T.
The assessment which is assailed in this proceeding was levied to pay the expense of regulating and grading One Hundred and Sixth street, from Third avenue to the East river. The substantial error asserted is, that the work was done without lawful authority, and could not serve as the basis of a valid assessment. It is not questioned that the commissioner of public works had authority to regulate, curb, gutter and flag the street in question, upon the established and lawful grade. But he went beyond that limit. He changed the grade, and the first question presented is, whether this…
2Cases cited1 opinion
- In the Matter of the Petition of MerriamNew York Court of Appeals · 1881
3Cited by10 opinions
- United States Fidelity & Guaranty Co. v. GuentherSupreme Court of the United States · 1930
- Benton County Council v. State Ex Rel. SparksIndiana Supreme Court · 1946
- Hunter v. Western & Southern Indemnity Co.Court of Appeals of Tennessee · 1935
- Phoenix Indemnity Co. v. BarrettTennessee Supreme Court · 1934
- Smith v. City of BuffaloNew York Supreme Court · 1895
5 more not listed; retrieve them via the Exa API.