Matter of the Petition of Hughes
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 30, 1883, which affirmed an order of Special Term, vacating an assessment, upon certain lots of the petitioner in the city of New York, for Seventh avenue sewers. It appeared that before the proceedings were, instituted, the petitioner voluntarily paid one-third of the assessment.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 30, 1883, which affirmed an order of Special Term, vacating an assessment, upon certain lots of the petitioner in the city of New York, for Seventh avenue sewers. It appeared that before the proceedings were, instituted, the petitioner voluntarily paid one-third of the assessment. Upon the actual facts proven the petitioner was entitled only to an order which should vacate so much of the assessment as was unpaid when the proceeding was commenced. (Matter of Lima, 77 N. Y. 170; Peyser v.…
1Per curiam
It is conceded that the assessment of which the petitioner complains was invalid, and that it should be vacated as a lien upon his property, unless he is precluded from relief as to one-third of the amount by-reason of a voluntary payment before proceedings instituted of that proportion of the assessment. Where the property-owner has paid in full before the institution of proceedings to vacate, we have held that he had no right to relief. (In re Lima, 77 N. Y. 170.) The ground of the decision was that there was no longer a lien to be vacated, or an assessment which constituted an incumbrance.…
2Cases cited1 opinion
- Matter of Petition of Santiago LimaNew York Court of Appeals · 1879
3Cited by6 opinions
- In re HazletonNew York Supreme Court · 1890
- Robostelli v. New York, N. H. & H. R. Co.U.S. Circuit Court for the District of Southern New York · 1888
- City of Yonkers v. M. E. D. Corp.New York Supreme Court · 1930
- In re ChittendenNew York Supreme Court · 1886
- State Ex Rel. Lea v. BrownTennessee Supreme Court · 1933
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