In re Folsom
New York Court of Appeals
Appeal by petitioners from order of the General Term of the Supreme Court in the first judicial department, affirming order of Special Term denying a petition to vacate an assessment for paving Avenue B with Belgian or trap-block pavement from Houston street to Fourteenth street, in the city of "New York. The assessment was for repaving. A prior assessment for paving had been imposed upon the same lots and paid.
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Appeal by petitioners from order of the General Term of the Supreme Court in the first judicial department, affirming order of Special Term denying a petition to vacate an assessment for paving Avenue B with Belgian or trap-block pavement from Houston street to Fourteenth street, in the city of "New York. The assessment was for repaving. A prior assessment for paving had been imposed upon the same lots and paid. It appeared that no designation of official or corporation newspapers was ever made by the mayor and comptroller under section 1, of chapter 383, Laws of 1870. The assessment in…
1Opinion of the Court
Church, Ch. J.
This case is within the exception contained in the seventh section of chapter 580 of the Laws of 1872, it being for repaving a street which had once been paved and paid for by an assessment. The “ legal irregularity ” complained of is that notice of the completion of the estimate and assessment required to be published by chapter 171 of the Laws of 1841 was not published in the newspapers designated, according to chapter 383 of the Laws of 1870. Section one of the last act, which was the annual tax levy for that year, provides that all city advertising shall be published in not…
2Cases cited1 opinion
- In the Matter of SmithNew York Court of Appeals · 1873
3Cited by1 opinion
- Erwin v. BowmanTexas Supreme Court · 1879