People ex rel. Marvin v. City of Brooklyn
New York Supreme Court
THIS was a common law certiorari, to review the proceedings and assessments for a sewer in Warren street, Brooklyn, from Court street to the East river. It appears from the return to the certiorari that commissioners were appointed to apportion and assess the expense of constructing the sewer, and that they proceeded to make an assessment and give the notices required by law to parties interested.
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THIS was a common law certiorari, to review the proceedings and assessments for a sewer in Warren street, Brooklyn, from Court street to the East river. It appears from the return to the certiorari that commissioners were appointed to apportion and assess the expense of constructing the sewer, and that they proceeded to make an assessment and give the notices required by law to parties interested. That various objections were made to the report and assessments, by the relators and other parties. That notwithstanding the objections, the commissioners completed and signed their report, and…
1Opinion of the Court
By the Court, S. B. Strong, J.
This being a common law certiorari, we can review only the questions of jurisdiction, add whether the proceedings have been conformable to the statute.
It is objected that the assessment upon the property of the relators, and of others, lying northeasterly of Atlantic street, was extra territorial, and so far transcended the jurisdiction con*174ferred by the statute upon the corporation, in such cases. The statute provides “ that the expenses in the construction, of sewers shall be assessed and be a lien upon the property to be benefited thereby, in proportion to the…
2Cases cited1 opinion
- Le Roy v. Mayor of New-YorkNew York Supreme Court · 1823
3Cited by6 opinions
- Sears v. TerrySupreme Court of Connecticut · 1857
- City of Fort Wayne v. CodyIndiana Supreme Court · 1873
- People ex rel. O'Reilly v. Common CouncilAppellate Division of the Supreme Court of the State of New York · 1900
- Clark v. Village of DunkirkNew York Supreme Court · 1877
- Daniel v. City of New Orleans, Page & Co.Supreme Court of Louisiana · 1874
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