Legal Opinion

Brown v. Otis

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1904PublishedCited by 4 opinions

Appeal by the defendant, Lyman M. Otis, as treasurer of the city of Rochester, from that part of a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Monroe on the 9th day of July, 1902, upon the decision of the court, rendered after a trial at the Monroe Special Term, which adjudges that the defendant has no lien on certain real property described in the complaint by virtue of an assessment thereon.

1Opinion of the Court

Spring, J.:

The plaintiffs by virtue of the will of Dyer D. S. Brown, deceased, owned a tract of land of about sixty-two acres situate in the town of Gates, which is contiguous to the city of Rochester. Pursuant to chapter 60S of the Laws of 1892, and the various acts amendatory thereof and supplemental thereto, the commissioners named proceeded with the preliminary work prescribed by the acts pertaining to the construction of a sewer in certain wards of the city of Rochester extending into the town of Gates. They also apportioned the cost thereof upon the lands chargeable therewith and upon…

2Cases cited5 opinions

  1. Pierson v. . the PeopleNew York Court of Appeals · 1880
  2. Hilton v. . FondaNew York Court of Appeals · 1881
  3. Matter of McLeanNew York Court of Appeals · 1893
  4. In Re Supplementary Proceedings for the Collection of a Tax From L. Adler Bros. & Co.New York Court of Appeals · 1903
  5. In re Supplementary Proceedings for the Collection of a Tax of L. Adler Bros.Appellate Division of the Supreme Court of the State of New York · 1902

3Cited by4 opinions

  1. French v. City of New RochelleAppellate Division of the Supreme Court of the State of New York · 1910
  2. In re the Investigation of the Departments & Officials of AlbanyNew York Supreme Court · 1911
  3. Noxon v. City of New RochelleNew York Supreme Court · 1909
  4. People ex rel. Buffalo, Rochester & Pittsburg Railway Co. v. CarmichaelNew York Supreme Court · 1909

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