In the Matter of the Petition of Kendall
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the-first judicial department, made December 1, 1880, which reversed an order of Special Term vacating an assessment upon land of the petitioner for a sewer in One Hundred and Tenth street, in the city of Hew York.
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the-first judicial department, made December 1, 1880, which reversed an order of Special Term vacating an assessment upon land of the petitioner for a sewer in One Hundred and Tenth street, in the city of Hew York. The objections to the assessment were that a part of the expense of the work was for rock excavation which was not submitted to competition, a price being fixed therefor which the bidders were obliged to accept; also that surveyor’s fees were included. The contract had been submitted to the commissioners appointed under…
1Opinion of the CourtEarl, J.
It is conceded that this assessment should be vacated in part but for the action had under the act chapter 580 of the Laws of 1872. It was shown that the contract for the work, for the expense of which the assessment was laid, was presented to the commissioners named in that act, and that they certified that it was free from fraud.
It is contended on the part of the petitioner that the determination of the commissioners was wholly invalid, because, before entering upon their ■ duties, two of them did not take the oath required by the act. Section 2 of the act provides that, before entering…
2Cases cited7 opinions
- The People v. . CookNew York Court of Appeals · 1853
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Brown v. Mayor of New YorkNew York Court of Appeals · 1875
- In re the election of Directors of the Mohawk & Hudson RailroadNew York Supreme Court · 1838
- In Matter of Petition of BurmeisterNew York Court of Appeals · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- People, Ex Rel. Woods v. . CrisseyNew York Court of Appeals · 1883
- Auditor General v. Board of SupervisorsMichigan Supreme Court · 1891
- State ex rel. Lemon v. Board of EqualizationSupreme Court of Missouri · 1891
- State v. City of CamdenSupreme Court of New Jersey · 1893
- Fauci v. LeeNew York Supreme Court · 1963
11 more not listed; retrieve them via the Exa API.