Sanders v. . Village of Yonkers
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order reversing an order of Special Term which overruled a demurrer on the part of defendant to plaintiff’s complaint, and directing judgment for defendant upon the demurrer. The complaint in this action alleged, in substance, that plaintiff was the owner of certain premises in the village of Yonkers.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order reversing an order of Special Term which overruled a demurrer on the part of defendant to plaintiff’s complaint, and directing judgment for defendant upon the demurrer. The complaint in this action alleged, in substance, that plaintiff was the owner of certain premises in the village of Yonkers. That defendant, by its board of trustees, caused an assessment to be levied thereon for improving a street, and have caused the property to be sold for the assessment. That by the…
1Opinion of the CourtEarl, J.
It is conceded by the counsel for the respondent that the assessments upon which plaintiff’s property was sold were illegal and void.
The trustees of the village caused the property to be sold by virtue of these void assessments, and it is not alleged in the complaint that they had done or threatened or designed to do any thing else. But it is alleged in the complaint that, by the charter of the village, the lease to be given by the trustees to the purchaser on the sale is presumptive evidence that the assessment was legally imposed, and that the proceedings and sale were regular.
The village…
2Cases cited3 opinions
- Scott v. . OnderdonkNew York Court of Appeals · 1856
- Pettit v. ShepherdNew York Court of Chancery · 1835
- Oakley v. Trustees of WilliamsburghNew York Court of Chancery · 1837
3Cited by24 opinions
- King v. . TownshendNew York Court of Appeals · 1894
- Clark v. . DavenportNew York Court of Appeals · 1884
- Roman Catholic Archbishop v. ShipmanCalifornia Supreme Court · 1886
- Gardner v. Buckeye Savings & Loan Co.West Virginia Supreme Court · 1930
- Trumbull v. PalmerAppellate Division of the Supreme Court of the State of New York · 1905
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