Ashton v. . City of Rochester
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 31, 1893, which affirmed a judgment in favor of defendants, 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.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made March 31, 1893, which affirmed a judgment in favor of defendants, 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. When the executive board let the contract for the improvement of Lake avenue there was no existing resolution of the common council authorizing it. Said board had no power to let the contract, and the assessment herein should be set aside. (Striker v. Kelly, 7…
1Opinion of the Court
The plaintiffs sought to enjoin the collection of a local assessment, alleged to be apparently valid but in fact void, imposed by the municipal authorities of the city of Rochester, to defray the cost of a local improvement. The record shows that the plaintiffs are respectively the owners of parcels of real estate situate on Lake avenue, between Vincent Place and Lyel avenue and Driving Park avenue, which have been assessed for the improvement. They brought this action in their own behalf, and in behalf of all other persons having property fronting on the street and assessed for the…
2Cases cited8 opinions
- Robbins v. Chicago CitySupreme Court of the United States · 1867
- Village of Port Jervis v. . First National B'k.New York Court of Appeals · 1884
- Clark v. WolfSupreme Court of Iowa · 1870
- Howell v. WilsonIndiana Supreme Court · 1831
- Herring v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1887
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3Cited by69 opinions
- Price v. Sixth District Agricultural Assn.California Supreme Court · 1927
- McGregor v. Provident Trust Co.Supreme Court of Florida · 1935
- Crawford v. GilchristSupreme Court of Florida · 1912
- City of Elmhurst v. KegerreisIllinois Supreme Court · 1945
- Brooks v. Secretary of the CommonwealthMassachusetts Supreme Judicial Court · 1926
64 more not listed; retrieve them via the Exa API.