Stuart v. . Palmer
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. (Reported below, 10 Hun, 23.) This action was brought by plaintiff against defendant Palmer, as collector of taxes of the town of New Lots, to vacate an assessment upon lands of plaintiff as a cloud upon the title, and to restrain the said collector from collecting the same. The facts appear sufficiently in the opinion. A court of equity has, under the circumstances, jurisdiction to grant…
1Opinion of the CourtEarl, J.
In 1869, an act was passed by the Legislature entitled “ an act to lay out, open and grade Atlantic avenue in the town of New Lots, Kings county.” It provided that the Supreme Court should appoint three freeholders of that town commissioners for the purposes of the act; that they should proceed to lay out the avenue as directed in the act; that if the owners did not convey the requisite land to the town they should take the same and estimate the value thereof, and award damages for taking the same ; and that they should assess the amount of the award upon the lands benefited by the opening of…
2Cases cited15 opinions
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- Weimer v. BunburyMichigan Supreme Court · 1874
- Weismer v. . Village of DouglasNew York Court of Appeals · 1876
- Barhyte v. . ShepherdNew York Court of Appeals · 1866
- People ex rel. Butler v. Board of SupervisorsMichigan Supreme Court · 1872
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3Cited by405 opinions
- Wuchter v. PizzuttiSupreme Court of the United States · 1928
- Spencer v. MerchantSupreme Court of the United States · 1888
- Coe v. Armour Fertilizer WorksSupreme Court of the United States · 1915
- Matter of Lyons v. GoldsteinNew York Court of Appeals · 1943
- People Ex Rel. Alpha Portland Cement Co. v. KnappNew York Court of Appeals · 1920
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