Legal Opinion

Seaman v. Dickinson

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

Decided July 1, 1896PublishedCited by 6 opinions

Appeal by the petitioner, Charlotte C. Seaman, from an order of the Supreme Court, made at the Dutchess Special Term and entered in the office of the clerk of the county of Dutchess on the 21st day of September, 1895, denying her application for a writ of certiorari.

1Opinion of the Court

Cullen, J.:

This is an appeal from an order of the Special Term denying the application of the relator for the issue of a writ of certiorari to review an assessment for the repaving of Market street in the city of Poughkeepsie.

The substantial attack on the validity of the assessment is that the provision of the charter of the city (§§ 126, 127, chap. 523, Laws of 1883) authorizing the respondents to lay an assessment for such improvements is unconstitutional, in that it fails to provide for giving any hearing to the parties to be taxed. The application was denied by the Special Term, not as a…

2Cases cited4 opinions

  1. Stuart v. . PalmerNew York Court of Appeals · 1878
  2. Spencer v. . MerchantNew York Court of Appeals · 1885
  3. Remsen v. . WheelerNew York Court of Appeals · 1887
  4. People ex rel. Spencer v. Village of New RochelleNew York Supreme Court · 1894

3Cited by6 opinions

  1. People ex rel. New York Clearing House Building Co. v. BarkerNew York Supreme Court · 1897
  2. In re MayorNew York Supreme Court · 1901
  3. In re the Assessment of the Cost & Expense of the Laying of SewersNew York Supreme Court · 1929
  4. Elmore v. HurstDistrict Court, E.D. Arkansas · 2024
  5. People ex rel. Hoyt v. Board of TrusteesAppellate Division of the Supreme Court of the State of New York · 1897

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