Legal Opinion

People ex rel. Bonnett v. Clarke

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

Decided December 29, 1905Published

Certiorari issued out of . the Supreme Court and attested on the 7th day,of April, 1904, directed to. Henry'S.- C'arke, mayor, and others, constituting the common council 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 relation to a certain assessment upon real property belonging to the relators.

1Opinion of the Court

Jenks, J.:

This is a writ of- certiorari to review an assessment upon, relators’ lands for work of curbing and guttering incidental to the widening of North avenue in the city of -New- Bochelle. The city charter (Laws of 1899, chap. 128, § 81) authorized the common council to cause this work to be done and to lay an assessment for the expenses thereof, provided that it first had required, by notice, the property owner to do the work, and the property owner had neglected or refused to act in compliance therewith. Notice was given to the relators, and only after the expiring of the time…

2Cases cited3 opinions

  1. Conde v. . City of SchenectadyNew York Court of Appeals · 1900
  2. People ex rel. Keller v. ManyNew York Supreme Court · 1895
  3. Loomis v. City of Little FallsAppellate Division of the Supreme Court of the State of New York · 1901

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