In the Matter of Manhattan Savings Inst'n.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, affirming an order of Special Term, which vacated an assessment upon certain lots of the petitioner in the city of 17ew York for a sewer in Fourth avenue. Where a uniform course has been adopted by public officers in interpreting a law, it should be assumed that that course is proper. (People ex rel. Williams v. Dayton, 55 N. Y. 367; Story on Const., § 408; Cooley’s Const.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, affirming an order of Special Term, which vacated an assessment upon certain lots of the petitioner in the city of 17ew York for a sewer in Fourth avenue. Where a uniform course has been adopted by public officers in interpreting a law, it should be assumed that that course is proper. (People ex rel. Williams v. Dayton, 55 N. Y. 367; Story on Const., § 408; Cooley’s Const. Lim. 67.) The petition for the vacation of the assessment should have been denied, because of the loches of the petitioner before…
1Opinion of the CourtDanforth, J.
The Mahan case went against the appellant upon the single ground that the provisions of the statute, under which the proceedings there brought in question were instituted, had not been complied with. 'It appeared that the price allowed for certain rock excavation, to be made in the course of the improvement, was fixed by the commissioner, and so that portion of the work withheld from competition. The same fact exists here. It is claimed, however, by the learned counsel for the appellant that “ in view of the uniform course of public officers in interpreting the law, it should be assumed that…
2Cases cited2 opinions
- People Ex Rel. Williams v. . DaytonNew York Court of Appeals · 1874
- In Matter of Petition of JetterNew York Court of Appeals · 1879
3Cited by13 opinions
- Wayne County v. Auditor GeneralMichigan Supreme Court · 1930
- State v. Mutual Life InsuranceIndiana Supreme Court · 1910
- In the Matter of the Petition of MerriamNew York Court of Appeals · 1881
- Austin v. BarrettArizona Supreme Court · 1932
- Westbrook v. MillerMichigan Supreme Court · 1885
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