Conde v. . City of Schenectady
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 9, 1898, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered May 9, 1898, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The Appellate Division erred in affirming the judgment below upon the ground that the ordinance and specifications for the pavement in question varied essentially from the petition of the property owners, and that, therefore, the common council had no jurisdiction to adopt such ordinance and…
1Opinion of the CourtCullen, J.
This action was brought to set aside an assessment imposed for the repaving of State street, in the city of Schenectady, and to restrain a threatened sale for non-payment of the assessment. By section 51 of the charter of the city (Chap. 385, Laws of 1862, as amended by chap..294, Laws of' 1890; chap. 190, Laws of 1893) it is provided that no ordinance shall be adopted directing the pavement of the car riageway of a street with any other material than cobble stone, broken stone or gravel, except upon a petition in writing, duly proved and acknowledged, by owners of lots abutting on the street…
2Cases cited6 opinions
- Norwood v. BakerSupreme Court of the United States · 1898
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Parsons v. District of ColumbiaSupreme Court of the United States · 1898
- Vose v. . CockcroftNew York Court of Appeals · 1871
- Ensign v. . BarseNew York Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- King v. PortlandOregon Supreme Court · 1900
- Selzer v. BakerNew York Court of Appeals · 1946
- Hall v. Fairchild-Gilmore-Wilton Co.California Court of Appeal · 1924
- People Ex Rel. Scott v. . PittNew York Court of Appeals · 1902
- Young v. City of TacomaWashington Supreme Court · 1903
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