Dewey v. Board of Supervisors
New York Supreme Court
Appeal from a judgment in favor of the plaintiff, entered upon the decision of the court, on a trial had before the court without a jury.
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Appeal from a judgment in favor of the plaintiff, entered upon the decision of the court, on a trial had before the court without a jury. The action was brought to recover money collected by the defendant from the plaintiff', in February, 1868, and January, 1869, for an assessment imposed upon his lands by three commissioners appointed, in pursuance of chapter 774, Laws of 1867, to make an improvement upon and through the land of the plaintiff and others, in the town of Royalton, for the purpose of draining such lands. The amount assessed against the plaintiff, was paid by him to the…
1Opinion of the Court
E. Darwin Smith, J.:
Confessedly, according to the decision of the Court of Appeals, in the case of The People ex rel. Ira O. Williams et al. v. Jesse *394P. Nwmes and others, commissioners, etc.,* the money collected and received by the defendants, upon the estimate and assessment made by the said commissioners, appointed by act of the legislature of 1867, for draining certain lands in Niagara county, † were exacted and received without right, and upon an illegal and void assessment. Moneys so collected by municipal corporations, and paid into the treasury of the city or county, are recoverable…
2Cases cited8 opinions
- The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
- Supervisors of Onondaga v. BriggsNew York Supreme Court · 1846
- National Bank of Chemung v. City of ElmiraNew York Court of Appeals · 1873
- Bank of the Commonwealth v. . the MayorNew York Court of Appeals · 1870
- People Ex Rel. Williams v. . HainesNew York Court of Appeals · 1872
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