People Ex Rel. Nostrand v. . Wilson
New York Court of Appeals
Appeal from order of the General Term of the City Court of Brooklyn, made November 25, 1889, which affirmed an order of Special Term directing a peremptory writ of mandamus to issue. The relator was the owner of a lot in the city of Brooklyn which it was alleged and not denied was by mistake included in an assessment for repaving, being outside of the district fixed by the common council for the assessment of the-expense of said improvement.
Read the full summary
Appeal from order of the General Term of the City Court of Brooklyn, made November 25, 1889, which affirmed an order of Special Term directing a peremptory writ of mandamus to issue. The relator was the owner of a lot in the city of Brooklyn which it was alleged and not denied was by mistake included in an assessment for repaving, being outside of the district fixed by the common council for the assessment of the-expense of said improvement. Upon the collector proceeding to enforce the 'assessment by levying on the relator’s property, the latter instituted this proceeding, making said…
1Per curiam
There ivas no denial of the facts stated by the relator in the affidavit upon which the motion for the mandamus was based. The defendants opposed the granting of the writ, without putting in issue any of the facts alleged in the .affidavit, nor does it appear what objections were interposed. The most favorable view for the defendants, is to treat the proceeding on their part as in the nature of a demurrer, raising the question whether the facts stated in the moving affidavit were sufficient in law to entitle the relator to the relief sought. (People ex rel. v. Board of Apportionment, 64 N. Y.…
2Cases cited2 opinions
- People ex rel. Lincoln v. Assessors of BartonNew York Supreme Court · 1865
- People Ex Rel. Hays v. . City of BrooklynNew York Court of Appeals · 1877
3Cited by17 opinions
- Cassidy v. City of St. JosephSupreme Court of Missouri · 1912
- Central Railway & Electric Co.'s AppealSupreme Court of Connecticut · 1896
- In re Donner-Hanna Coke Corp.Appellate Division of the Supreme Court of the State of New York · 1925
- Buchanan Sheriff v. West Ky. Coal Co.Court of Appeals of Kentucky (pre-1976) · 1927
- Chesapeake & O. R. v. HennesseyCourt of Appeals for the Sixth Circuit · 1899
12 more not listed; retrieve them via the Exa API.