Brooks v. Mayor of New York
New York Supreme Court
Appeal from circuit court, Few York county. Action by James Brooks against the mayor, etc., of the city of Few York. The court directed a verdict for plaintiff, and from the judgment entered thereon defendant appeals.
1Opinion of the CourtVan Brunt, P. J.
This action was brought to have an assessment for paving declared invalid to the extent of five-twelfths thereof, and to recover that proportion of the assessment on his property which had been paid by the plaintiff. Among other defenses set up was that the plaintiff had previously presented his petition, under and in pursuance of chapter 338 of the Laws of 1858, and the amendments thereof, to a judge of this court, to have the said assessment adjudged irregular and void, and vacated; that such proceedings were thereupon had that the application of the petitioner was denied. This defense was…
2Cases cited2 opinions
- Matter of Petition of Santiago LimaNew York Court of Appeals · 1879
- People ex rel. Reynolds v. City of BrooklynNew York Supreme Court · 1867