In re Rector of the Church of the Holy Sepulchre
New York Supreme Court
Appeal by the mayor, aldermen and commonalty from an order of the special term vacating an assessment. The board of revision and correction of assessment lists confirmed, April 9th, 1874, an assessment for building underground drains extending from Seventy-third to Eighty-first streets, and from First to Fifth avenue, and a lien was thereby imposed on petitioners’ lots situated on Seventy-fourth street.
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Appeal by the mayor, aldermen and commonalty from an order of the special term vacating an assessment. The board of revision and correction of assessment lists confirmed, April 9th, 1874, an assessment for building underground drains extending from Seventy-third to Eighty-first streets, and from First to Fifth avenue, and a lien was thereby imposed on petitioners’ lots situated on Seventy-fourth street. Petitioners allege that the assessment is invalid and void for substantial errors. The testimony shows that the drain was constructed on the land of the petitioners, by the commissioner of…
1Opinion of the CourtLawrence, J.
The witnesses should not have been allowed to express an opinion as to whether the drains were necessary or useful, and the objections taken to such testimony by the corporation counsel are sustained. In other respects, the case seems to fall within the decision of Qheesebrough and the cases in the court of appeals which that decision was designed to follow. The assessment must therefore be vacated.
From the order entered vacating the assessment, this appeal is taken by the mayor, aldermen and commonalty.
William C. Whitney, for corporation.
I. The construction of the drains was necessary for…
2Cases cited30 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Matter of RyersNew York Court of Appeals · 1878
- Merritt v. . Village of PortchesterNew York Court of Appeals · 1877
- Phillips v. ThompsonNew York Court of Chancery · 1814
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3Cited by1 opinion
- Ward v. Board of CommissionersMontana Supreme Court · 1892