Matter of Petition of Sarah E. Bassford
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing an order of Special Term vacating an assessment for paving Avenue B, in the city of New York, with trapblock pavement, from Houston street to Fourteenth street. On the 30th December, 1871, the petitioners presented their petition pursuant to chapter 338, Laws of 1858, for the vacation of above assessment.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing an order of Special Term vacating an assessment for paving Avenue B, in the city of New York, with trapblock pavement, from Houston street to Fourteenth street. On the 30th December, 1871, the petitioners presented their petition pursuant to chapter 338, Laws of 1858, for the vacation of above assessment. The grounds stated were: 1st. That said assessment was never confirmed by the common council of the city of New York. 2d. That the resolution and ordinance authorizing the work were not…
1Opinion of the CourtAndrews, J.
We concur in the opinion expressed by Ingraham, J., at General Term, that there was a publication of the resolution and .ordinance for the improvement, for which the petitioners have been assessed, within chapter 446 of the Laws of 1857; and we adopt the reasons expressed in that opinion upon this question. *
It is claimed, however, that the assessment was void for another reason, viz., that the assessment list was not confirmed by the common council, as required by the act of 1813. By that act such confirmation was necessary in order to create a lien upon the property assessed. (Valentine’s…
2Cited by11 opinions
- Arthur v. UnkartSupreme Court of the United States · 1878
- Matter of BurkeNew York Court of Appeals · 1875
- Southworth v. Mayor of GlasgowSupreme Court of Missouri · 1910
- In the Matter of WardNew York Court of Appeals · 1873
- In the Matter of the Petition of GantzNew York Court of Appeals · 1881
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