In re Brainerd
New York Supreme Court
Appeal from special term, New York county. Petition by Chauneey M. Brainerd to vacate an assessment for the con-str notion of a sewer. The petition was denied, and petitioner appeals. A statement of the case will be found in the opinion of the special term. 1 H. Y. Supp. 78.
1Opinion of the CourtVan Brunt, P. J.
The ground upon which it is sought to set aside this . assessment is that the sewer was constructed without lawful authority, and that the assessment, therefore, is illegal and void, and that the petitioner is • entitled to have it vacated of record. Mr. Justice Lawrence, who heard the motion in the court below, clearly shows, by his opinion, that no such relief • can be granted in this proceeding; and the views expressed in such opinion we adopt. That he arrived at the correct conclusion is evidenced by the decision of the court of appeals in Re Smith, 99 N. Y. 424, 2 N. E. Rep. 52, in a…
2Cases cited1 opinion
- Matter of Petition of SmithNew York Court of Appeals · 1885
3Cited by4 opinions
- In re New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Sixth-Avenue Railroad v. MayorNew York Supreme Court · 1892
- In re New York Central & Hudson RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- People ex rel. Consolidated Gas Co. v. MyersNew York Supreme Court · 1892