Lewis v. Mayor of New York
New York Supreme Court
An application was made to judge Clerke to vacate the assessment in this case under the act of 1858. Testimony was taken before that justice and afterwards on a hearing before another justice the application was denied. The petitioner appeals from that order.
1Opinion of the Court
By the court, Ingraham, J.
The provisions of the act of 1S5S, in most of the applications under it for relief are not properly understood. They are only intended to relieve against fraud or legal zrregalarity in the proceedings relative to an assessment or the proceedings to coEect the same. Keeping in view the object of the statute, it is apparent that it does not authorize any inquiry whether the work has been well done, or whether the contract has been fuEy performed, or whether the materials used are according to the specifications, or whether the common council had aE the surveys and…
2Cited by3 opinions
- In re EagerNew York Supreme Court · 1871
- In re McCormackNew York Supreme Court · 1870
- Savatgy v. City of KingstonNew York Court of Appeals · 1967