Legal Opinion

Home for Incurables v. City of New York

Supreme Court of the United States

Decided December 1, 1902No. 86PublishedCited by 22 opinions

ERROR TO THE SUPREME COURT OP THE STATE OP NEW YORK. The plaintiff in error, the Home for Incurables, filed its petition in the Supreme Court for the city and county of New York, alleging that at the date of the confirmation of a certain assessment for a sewer in East 184th Street from Yanderbilt Avenue west to Washington Avenue, etc., it was the owner of certain lots affected thereby in ward number one, block number 3064, the twenty-fourth ward of the city of New York; That…

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ERROR TO THE SUPREME COURT OP THE STATE OP NEW YORK. The plaintiff in error, the Home for Incurables, filed its petition in the Supreme Court for the city and county of New York, alleging that at the date of the confirmation of a certain assessment for a sewer in East 184th Street from Yanderbilt Avenue west to Washington Avenue, etc., it was the owner of certain lots affected thereby in ward number one, block number 3064, the twenty-fourth ward of the city of New York; That on the 22d of January, Í900, that assessment was confirmed by operation of law and the title thereof duly entered, with…

1Opinion of the CourtJustice HaRlan

The plaintiff insists here that the State court, by its final judgment, refused to recognize certain rights belonging to it under the Constitution of the United States. But it does not appear on the face of the record that he set up or claimed any such right .until the case reached this court. In Parmelee v. Lawrence, 11 Wall. 36, 38, this court — following the previous cases of Lawler v. Walker, 14 How. 149, 152, and Railroad Company v. Rock, 4 Wall. 177—said it was essential to our jurisdiction in reexamining the .judgment of the State court that the alleged conflict between the, State law…

2Cases cited11 opinions

  1. Oxley Stave Co. v. Butler CountySupreme Court of the United States · 1897
  2. ARMSTRONG v. the Treasurer of Athens CountySupreme Court of the United States · 1842
  3. Railroad Company v. RockSupreme Court of the United States · 1867
  4. Powell v. Brunswick CountySupreme Court of the United States · 1893
  5. Roby v. ColehourSupreme Court of the United States · 1892

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3Cited by22 opinions

  1. Whitney v. CaliforniaSupreme Court of the United States · 1927
  2. North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
  3. Western Tie & Timber Co. v. BrownSupreme Court of the United States · 1905
  4. Honeyman v. HananSupreme Court of the United States · 1937
  5. Charleston Federal Savings & Loan Ass'n v. Alderson, State Tax Com'rSupreme Court of the United States · 1945

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