Legal Opinion

People ex rel. de Frece v. Lathers

Appellate Division of the Supreme Court of the State of New York

Decided November 18, 1910PublishedCited by 2 opinions

Certiorari, issued out of the Supreme Court and attested on the 15th day of April, 1910, directed to Bichard Lathers and others, members of the board of public works of the city of New Bochelle, and John J. O’Brien, receiver of taxes of the city of New Bochelle, commanding them to certify and return to the office of .the clerk of the county of Westchester all and singular their proceedings had in confirming an assessment against relator’s property. . Patrick Rooney, for the…

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Certiorari, issued out of the Supreme Court and attested on the 15th day of April, 1910, directed to Bichard Lathers and others, members of the board of public works of the city of New Bochelle, and John J. O’Brien, receiver of taxes of the city of New Bochelle, commanding them to certify and return to the office of .the clerk of the county of Westchester all and singular their proceedings had in confirming an assessment against relator’s property. . Patrick Rooney, for the relator. ■William S. Beers [Hugh M. Ha/rmer with him on the brief], for the respondents.

1Opinion of the Court

Woodward, J.:

The relator brings this writ to review the determination of the board of public works of the city of New Rochelle, confirming the assessment against relator’s property for part of the cost of laying certain curbs and gutters and the reconstruction of sidewalks along Neptune avenue, in the city of New Rochelle.' The contention of the relator is that the proceedings leading up to the performance of the work by the board of public works were so far irregular as to be void, and the purpose of this review is to have the assessment nullified.

On the 5th day of May, 1908, the common…

2Cited by2 opinions

  1. Village of Sebring v. SmithOhio Supreme Court · 1931
  2. Georgi v. Texas Co.Appellate Division of the Supreme Court of the State of New York · 1916

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