Tifft v. . City of Buffalo
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, affirming a judgment in favor of defendant, entered upon decision of the court on trial at Special Term. This action was brought to set aside an assessment upon premises of plaintiffs for repairs upon a street in the city of Buffalo, known as the "Hamburgh Turnpike.” The facts appear sufficiently in the opinion. This action can be maintained.
Read the full summary
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, affirming a judgment in favor of defendant, entered upon decision of the court on trial at Special Term. This action was brought to set aside an assessment upon premises of plaintiffs for repairs upon a street in the city of Buffalo, known as the "Hamburgh Turnpike.” The facts appear sufficiently in the opinion. This action can be maintained. (Scott v. Onderdonk, 14 N. Y. 9; Lewis v. Buffalo, 29 How. Pr. 335; Hatch v. Buffalo, 38 N. Y. 276; Allen v. Buffalo, 39 id. 386; Crooke v. Andrews, 40 id. 547; Newell…
1Opinion of the Court
Folger, Ch. J.
It was conceded in the court below, and it may be in this court for the purposes of this case, that the pro ceedings first had by the defendant for the repair of this way, and the assessment of the expense, were invalid, inasmuch as they did not comply with the requirements of its charter. (Laws of 1853, chap. 230, p. 447.) It is left, then, to inquire whether the act of the legislature (Laws of 1875, chap. 2, p. 8),» “ to legalize certain proceedings of the common council of the city of Buffalo,” was valid and effectual to that end. The appellants impugn it on four grounds:
First…
2Cases cited8 opinions
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- People Ex Rel. Board of Commissioners v. BanksNew York Court of Appeals · 1876
- Bank of Rome v. . the Village of RomeNew York Court of Appeals · 1858
- Thomas v. LelandNew York Supreme Court · 1840
- Sweet v. Buffalo, New York & Philadelphia Railway Co.New York Court of Appeals · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Chase v. TroutCalifornia Supreme Court · 1905
- New York Steam Corp. v. City of New YorkNew York Court of Appeals · 1935
- Nottage v. City of PortlandOregon Supreme Court · 1899
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1901
- Matter of Application of PaulNew York Court of Appeals · 1884
30 more not listed; retrieve them via the Exa API.