Matter of St. Joseph's Asylum
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, affirming au order of Special Term denying a motion to vacate certain assessments for local improvements in the city of New York, but correcting one of the assessments by reducing it.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, affirming au order of Special Term denying a motion to vacate certain assessments for local improvements in the city of New York, but correcting one of the assessments by reducing it. The petitioner sought to vacate four assessments upon its property for local improvements; number one, made in 1875; number two, made in 1873; number three, made in 1865; and number four, made in 1864. It proved that the value of said premises, as valued by the ward assessors, in the years 1874, 1873, 1864 and 1863, was…
1Opinion of the Court
Church, Ch. J.
This is an application to vacate four assessments, numbered respectively 1, 2, 3 and 4, upon the ground that it does not appear that the provision in the act, .chapter 326 of the Laws of 1840, prohibiting assessments exceeding one-half of the value of the land as assessed by the ward assessors, was observed. The case of the Second Avenue Methodist Episcopal Church, recently decided in this court, but not reported, * is relied upon as authority in this case.
We held there that inasmuch as no assessment was shown ever to have been made by the ward assessors of the land, that no…
2Cases cited2 opinions
- Fagnan v. . KnoxNew York Court of Appeals · 1876
- In Re the Second Avenue Methodist Episcopal Church to Vacate an AssessmentNew York Court of Appeals · 1876
3Cited by13 opinions
- City of Atlanta v. First Presbyterian ChurchSupreme Court of Georgia · 1891
- Roosevelt Hospital v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1881
- Board of Education of Union Free School District No. 6 v. Town of GreenburghNew York Court of Appeals · 1938
- In re Brooklyn Children's Aid SocietyAppellate Division of the Supreme Court of the State of New York · 1915
- In Re the Hebrew Benevolent Orphan Asylum SocietyNew York Court of Appeals · 1877
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