Champlin v. Mayor of New-York
New York Court of Chancery
The bill in this cause was filed by certain landowners in the city of New-York, whose land had been taken by virtue of an ordinance of the corporation for widening Fifth street, between Broadway and the Washington square, to restrain the defendants from proceeding with the improvement, after the report of the commissioners of estimate and assessment had been confirmed by the supreme court.
Read the full summary
The bill in this cause was filed by certain landowners in the city of New-York, whose land had been taken by virtue of an ordinance of the corporation for widening Fifth street, between Broadway and the Washington square, to restrain the defendants from proceeding with the improvement, after the report of the commissioners of estimate and assessment had been confirmed by the supreme court. An ex parte injunction having been granted, an application was made to dissolve the "same, upon the coming in of the answer. In consequence of an accident, by which the steam-boat did not arrive at the…
1Opinion of the Court
The Chancellor.
This court cannot interfere to correct the proceedings of the corporation in a case of this kind, after confirmation of the report of the commissioners of estimate and assessment, upon a bill filed against the corporation alone, unless their proceedings are void. If the proceedings are merely voidable for error therein, all the individuals whose property has been vested in the corporation by the confirmation of the report and all whose property has been assessed for the improvement have a direct interest in the question, and they must be made parties to enable them to protect…
2Cited by4 opinions
- Palmer v. WoodsIllinois Supreme Court · 1894
- Woodruff v. FisherNew York Supreme Court · 1853
- In re DalyAppellate Division of the Supreme Court of the State of New York · 1902
- Stephens v. HockemeyerNew York City Court · 1892