In Re New York Protestant Episcopal Public School
New York Court of Appeals
Appeal from an order of the 'General Term, first department, affirming order of Special Term, denying a petition to vacate an assessment for a-sewer in Seventy-fourth street - from Fifth avenue to the’East river in the city of Hew York.
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Appeal from an order of the 'General Term, first department, affirming order of Special Term, denying a petition to vacate an assessment for a-sewer in Seventy-fourth street - from Fifth avenue to the’East river in the city of Hew York. (Reported1 below-'5-8 Barb., ’161, and 40 How., 139.) . The petitioners applied to the Special Term, for an order vacating the assessment above mentioned pursuant to the act, chapter 338, Laws of 1858. The alleged irregularities in the assessment proceeding are: 1. That the assessment has never been confirmed by the common council. 2. That no general plan of a…
1Opinion of the CourtRaparlo, J.
By the act of April 12, 1865, the construction of any. sewer or drain in the city of New York is absolutely prohibited, unless such sewer or drain shall be in accordance with a general plan, devised by the Croton board, for the sewerage of the particular district in which such sewer or drain is proposed to be constructed. And in The Matter of Blodgett (decided October 24,1870), this court decided, that an assessment for a sewer contracted for, before such a general plan had been devised was void. That decision must control this case, unless the respondents can maintain the position, that the…
2Cited by7 opinions
- Matter of Petition of Ferdinand MayerNew York Court of Appeals · 1872
- Roosevelt Hospital v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1881
- Pitts Agricultural Works v. YoungSouth Dakota Supreme Court · 1895
- Clements Bros.' Construction Co. v. City of ClevelandOhio Circuit Courts · 1901
- In re New York Cable Railway Co.New York Supreme Court · 1886
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