John Jacob Astor v. . Mayor
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the' city of ¡New York, entered upon an order reversing a judgment in favor of plaintiff, entered upon a decision of the court at Special Term, and directing judgment absolute in favor of defendants.
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Appeal from judgment of the General Term of the Superior Court of the' city of ¡New York, entered upon an order reversing a judgment in favor of plaintiff, entered upon a decision of the court at Special Term, and directing judgment absolute in favor of defendants. (Reported below, 7 J. & S., 120.) This action was brought to restrain the collection of an assessment upon certain lots of plaintiff in the city of ¡New York, and to have the record thereof canceled as a cloud upon plaintiff’s title. The court found the following facts: That pursuant to the provisions of the act of May 17, 1869…
1Opinion of the CourtMiller, J.
This action was a bill in equity to restrain the collection of an assessment upon plaintiff’s lots, situate in the city of Hew York, under proceedings taken for the widening of Broadway. The proceedings are assailed upon various grounds, which, so far as material to the decision of the case, will be examined and considered.
An objection is made that the final report of the commissioners was signed by only two of them, and that the Constitution of the State requires the concurrence of all three of the commissioners. It appears that one of the commissioners dissented. Article 1, section 7, of…
2Cases cited2 opinions
- Matter of Petition of Ferdinand MayerNew York Court of Appeals · 1872
- In the Matter of ArnoldNew York Court of Appeals · 1875
3Cited by16 opinions
- Lent v. TillsonCalifornia Supreme Court · 1887
- Sinclair v. LearnedMichigan Supreme Court · 1883
- People Ex Rel. Kilmer v. . McDonaldNew York Court of Appeals · 1877
- Miller v. Hagie, Barnard, DeahlWyoming Supreme Court · 1943
- Robert v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1896
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