Matter of Burke
New York Court of Appeals
Appeal from order of General Term of the Supreme Court in the first judicial department, reversing an order of Special Term vacating an assessment for laying crosswalks across West street, in the city of New York. (Reported below, 2 Hun, 281.) The petition was subscribed by the attorney of the petitioner. In it it was alleged that the petitioner was, at the time of the confirmation of the assessment, and still is, the owner of the premises.
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Appeal from order of General Term of the Supreme Court in the first judicial department, reversing an order of Special Term vacating an assessment for laying crosswalks across West street, in the city of New York. (Reported below, 2 Hun, 281.) The petition was subscribed by the attorney of the petitioner. In it it was alleged that the petitioner was, at the time of the confirmation of the assessment, and still is, the owner of the premises. The only evidence as to title was in the affidavit verifying the petition wherein it was stated, “ that at the time of the confirmation of the above named…
1Opinion of the CourtFolger, J.
The petitioner alleges as a reason why the assessment should be vacated, that the resolution and report of the. committee of the common council, were not published in all the newspapers employed by the corporation, for two days before the resolution was adopted.
To sustain this allegation, he shows that they were not published in the New York Leader, a weekly newspaper.
• To show that the Leader was employed by the corporation, he produces a communication from'the comptroller to the common council, dated July 6th, 1867, by which the New Y ork Leader is designated for the purpose, during the…
2Cases cited6 opinions
- The People Ex Rel. Furman v. . CluteNew York Court of Appeals · 1872
- In the Matter of PhillipsNew York Court of Appeals · 1875
- In the Matter of SmithNew York Court of Appeals · 1873
- In the Matter of FolsomNew York Court of Appeals · 1874
- Matter of Petition of Sarah E. BassfordNew York Court of Appeals · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- In Matter of Petition of BurmeisterNew York Court of Appeals · 1879
- Waldbaum, Inc. v. Finance AdministratorNew York Court of Appeals · 1989
- Big "V" Supermarkets, Inc. v. Assessor of Town of East GreenbushAppellate Division of the Supreme Court of the State of New York · 1985
- Matter of WalterNew York Court of Appeals · 1878
- City of Schenectady v. Trustees of Union CollegeNew York Supreme Court · 1892
17 more not listed; retrieve them via the Exa API.