Matthews v. Mayor of New York
New York Supreme Court
I.—Trial by the court. This was an action, by Alexander Matthews against The Mayor, &c., of New York, George A. Hoyt, Stephen J. Field, David Dudley Field, and Harriet D. Field, brought to restrain the Corporation from executing leases of four lots on 26th street, in the city of ¡New York, which had been sold for assessments, on three grounds: 1. That the assessments themselves were irregular and illegal. 2. That the proceedings to enforce them ■had also been irregular and…
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I.—Trial by the court. This was an action, by Alexander Matthews against The Mayor, &c., of New York, George A. Hoyt, Stephen J. Field, David Dudley Field, and Harriet D. Field, brought to restrain the Corporation from executing leases of four lots on 26th street, in the city of ¡New York, which had been sold for assessments, on three grounds: 1. That the assessments themselves were irregular and illegal. 2. That the proceedings to enforce them ■had also been irregular and illegal. 3. That since the sale the Corporation had sold the same lots for subsequent assessments to the landlord of the…
1Opinion of the CourtMullin, J.
was conceded on the argument that the proceedings of the city officers in the proceedings to open 26th street, and to assess the tax for the curb and gutter in front of the lots in question, and in selling the said lots for the charges thus imposed on the owner, were irregular, and I am relieved, therefore, from any further examination of that question. The concession, I think, was very properly made, as it seemed to me quite clear that but very little attention, if any, had been paid by the Common Council and its subordinates to the statutes regulating proceedings in cases of opening…
2Cases cited8 opinions
- Mayor of Brooklyn v. MeseroleNew York Supreme Court · 1841
- Scott v. . OnderdonkNew York Court of Appeals · 1856
- Striker v. KellyNew York Supreme Court · 1845
- Wiggin v. Mayor of New-YorkNew York Court of Chancery · 1841
- Morgan v. New-York & Albany Rail RoadNew York Court of Chancery · 1843
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