Granger v. City of Buffalo
The Superior Court of New York City
Appeal from, a judgment rendered at the trial term, dismissing the plaintiff’s complaint with costs. The action was brought by Anna B. G-ranger, to procure a judgment declaring an assessment made upon plaintiff’s lands, situate on Forest avenue, in Buffalo, for the expense of grading and paving the avenue, to be illegal and void, and to restrain the defendant from collecting or enforcing the assessment.
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Appeal from, a judgment rendered at the trial term, dismissing the plaintiff’s complaint with costs. The action was brought by Anna B. G-ranger, to procure a judgment declaring an assessment made upon plaintiff’s lands, situate on Forest avenue, in Buffalo, for the expense of grading and paving the avenue, to be illegal and void, and to restrain the defendant from collecting or enforcing the assessment. It was proved on the trial that the defendant is a municipal corporation, and that in the year 1874, the defendant, by its common council and other agents, took proceedings to cause Forest…
1Opinion of the Court
By the Court.—Sheldon, Ch. J.
Upon the trial the court was asked to decide that the assessment was and is illegal and void, because the city clerk did not lay the assessment roll and the objections filed thereto before the common council, and the council did not hear said objections before it confirmed the roll. The court refused so to decide and the plaintiff duly excepted.
It is not claimed by the defendant, that in fact, the objections were laid before the council, or that the council heard the objections; at least, no proof was introduced to substantiate those facts. But it is asserted that…
2Cases cited2 opinions
- Merritt v. . Village of PortchesterNew York Court of Appeals · 1877
- Clark v. Mayor & Common CouncilNew York Supreme Court · 1852
3Cited by3 opinions
- Pooley v. City of BuffaloSuperior Court of Buffalo · 1895
- Pooley v. City of BuffaloThe Superior Court of New York City · 1888
- Pooley v. City of BuffaloSuperior Court of Buffalo · 1888