Jex v. Mayor, Aldermen & Commonalty
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 30, 1885, which affirmed an order of Special Term, sustaining a demurrer to the complaint herein. This action was brought to recover back the amount of an alleged illegal assessment which plaintiff’s testator had been wrongfully compelled to pay. The substance of the averments in the complaint is set forth in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made October 30, 1885, which affirmed an order of Special Term, sustaining a demurrer to the complaint herein. This action was brought to recover back the amount of an alleged illegal assessment which plaintiff’s testator had been wrongfully compelled to pay. The substance of the averments in the complaint is set forth in the opinion. An action of this nature can be maintained. (Strusburgh v. Mayor, etc., 87 N. Y. 452; Laws of 1873, chap. 312, § 18; id., chap. 613, § 3;…
1Opinion of the CourtAndrews, J.
Upon the facts averred in the complaint the assessment imposed upon the lands of the intestate for regulating and paving Broadway, although valid on its face, was, nevertheless, void for want of jurisdiction. It was an assessment for repaving, and the ordinance of the common council directing the improvement was not based upon a petition of a majority of the property-owners as required by the charter. (Laws of 1873, chap. 335, § 115.) The work also involved an expenditure exceeding $1,000, and was not let by contract, nor was it authorized by a vote of three-fourths of the members of the…
2Cases cited3 opinions
- Bruecher v. . Village of Port ChesterNew York Court of Appeals · 1886
- Strusburgh v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1882
- Matter of Petition of Santiago LimaNew York Court of Appeals · 1879
3Cited by41 opinions
- Adrico Realty Corp. v. City of New YorkNew York Court of Appeals · 1928
- Tripler v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1891
- Wilcox v. EngebretsenCalifornia Supreme Court · 1911
- Diefenthaler v. Mayor of New YorkNew York Court of Appeals · 1888
- Lewis v. City of LockportNew York Court of Appeals · 1938
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