Scudder v. Mayor of New York
New York Supreme Court
Appeal from special term, Hew York county. Action by Hewlett Scudder and others, as trustees under the will of Henry J. Scudder, deceased, against the mayor and commonalty of city of Hew York, for an injunction. From a judgment dismissing the complaint on the merits, plaintiffs appeal.
1Per curiam
This suit is brought to restrain the sale of certain real property in the city of Hew York, owned by plaintiffs, for an unpaid assessment for a local improvement. The complaint was dismissed upon the grounds—First, that the assessment was void upon its face; and, second, that the remedy by injunction has been taken away by statute.1 The facts appearing bring this case clearly *423within the authorities of Sixth Ave. R. Co. v. Mayor, etc., 63 Hun, 271, 17 N. Y. Supp. 903, and People ex rel. Consolidated Gas Co. v. Myers, 65 Hun, 14, 19 N. Y. Supp. 723, which are decisions of this court, and…
2Cases cited3 opinions
- People Ex Rel. Martin v. . MyersNew York Court of Appeals · 1892
- Sixth-Avenue Railroad v. MayorNew York Supreme Court · 1892
- People ex rel. Consolidated Gas Co. v. MyersNew York Supreme Court · 1892