People ex rel. Palen v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Appeal by the relators, Bobert Palen and another, from an order of the Superior Court of Buffalo, made at a Special Term of that court, and entered in the office of the clerk of said court on the 22d day of July, 1895, dismissing the writ of certiorari issued in the above-entitled proceeding upon the merits.
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Appeal by the relators, Bobert Palen and another, from an order of the Superior Court of Buffalo, made at a Special Term of that court, and entered in the office of the clerk of said court on the 22d day of July, 1895, dismissing the writ of certiorari issued in the above-entitled proceeding upon the merits. Section 2141 of the Code of Civil Procedure, referred to in the opinion, provides as follows: “ The court, upon the hearing, may make a final order, annulling or confirming, wholly or partly, or modifying, the determination reviewed, as to any or all of the parties.”
1Opinion of the Court
Follett, J.:
This writ of certiorari was granted November 30, 1894, by a Special Term of the late Superior Court of the city of Buffalo to review an assessment of $1,353.03 levied in that year on the appellants’ lands by the city of Buffalo for the purpose of paying in part the expense of grading and paving Grant street ■—a local improvement. Section 145 'of chapter 105 of the Laws of 1891 (the charter of the city of Buffalo) provides:
“ § 145. The board shall assess the whole amount ordered to be assessed upon the parcels of land benefited by the work, act or improvement, in proportion to such…
2Cases cited2 opinions
- Wood v. . LaryNew York Court of Appeals · 1891
- Shaffer v. MartinAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- People ex rel. Albright v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1899
- People ex rel. Tiffany v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1899