Legal Opinion

In Matter of Palmer

New York Court of Appeals

Decided June 5, 1869PublishedCited by 11 opinions

Motion to dismiss an appeal to this court from an order of the General Term of x the first district, affirming an order setting aside certain assessments for local improvements in the city of Mew York, for alleged irregularities therein, entitling the petitioners to relief under chapter 338, Laws of 1858. Subsequent to the appeal by the city to this court, the amendment of May 12th, 1869, to section eleven was passed, declaring that no such appeal should be “ had or heard…

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Motion to dismiss an appeal to this court from an order of the General Term of x the first district, affirming an order setting aside certain assessments for local improvements in the city of Mew York, for alleged irregularities therein, entitling the petitioners to relief under chapter 338, Laws of 1858. Subsequent to the appeal by the city to this court, the amendment of May 12th, 1869, to section eleven was passed, declaring that no such appeal should be “ had or heard hereafter.” It was contended on the part of the appellant, in opposition to the motion to dismiss, that the amendment need…

1Opinion of the Court

Pee Oubiam.

That the act was applicable to pending appeals, and was not unconstitutional. The appeal must be. dismissed.

Ohmies JS. Miller, for the motion.

Richard O’Gorman (corporation counsel), opposed'..

Appeal dismissed.

2Cited by11 opinions

  1. Matter of Petition of Ferdinand MayerNew York Court of Appeals · 1872
  2. Peace v. . WilsonNew York Court of Appeals · 1906
  3. Devlin v. MayorNew York Court of Common Pleas · 1893
  4. Olmstead v. Town of Pound RidgeNew York Supreme Court · 1893
  5. Baker v. CoddingNew York Court of Common Pleas · 1893

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