United Lines Telegraph Co. v. Grant
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 7, 1892, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The acts of 1885 and 1886, so far as they attempt to authorize the imposition and apportionment of assessments, are void.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made March 7, 1892, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The acts of 1885 and 1886, so far as they attempt to authorize the imposition and apportionment of assessments, are void. They violate the constitutional provision that no person shall be deprived of property without due process of law. (Stuart v. Palmer, 74 N.…
1Opinion of the CourtFinch, J.
This action was brought in equity to obtain an injunction restraining the sheriff of the city and county of Eew York from executing a warrant of collection issued by the comptroller of the state to enforce the payment of an assess-* ment imposed upon the plaintiff under and by virtue of the act of 1884 (Chap. 534), and that of 1885 (Chap. 499), amended in 1886 (Chap. 503). The assessment was for the plaintiff’s share of the expenses incurred in building a subway under the streets of the city, and placing therein the electric wires which overhang such streets and imperil the safety of the…
2Cases cited11 opinions
- People Ex Rel. New York Electric Lines Co. v. SquireNew York Court of Appeals · 1888
- People Ex Rel. New York Electric Lines Co. v. SquireSupreme Court of the United States · 1892
- Mayor, Etc., of City of N.Y. v. . DavenportNew York Court of Appeals · 1883
- Van Rensselaer v. . WitbeckNew York Court of Appeals · 1852
- Lennon v. . Mayor, Etc., of N.Y. CityNew York Court of Appeals · 1874
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3Cited by4 opinions
- Balogh v. LymanAppellate Division of the Supreme Court of the State of New York · 1896
- Norris v. JonesNew York Supreme Court · 1893
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- Norris v. JonesNew York Supreme Court · 1894