People ex rel. Ward v. Asten
New York Court of Common Pleas
Appeal from order granting peremptory mandamus. On the 25th day of April, 1874, the relator, through his attorney, James A. Deering, Esq., gave notice of a motion to be made on the 5th day of May, 1874, for a peremptory mandamus against the board of assessors of the city of Hew York, directing them to estimate the damage done the relator’s property by reason of the closing of Bloomingdale road, between Manhattan street and One Hundred and Twenty-seventh street, in said city,…
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Appeal from order granting peremptory mandamus. On the 25th day of April, 1874, the relator, through his attorney, James A. Deering, Esq., gave notice of a motion to be made on the 5th day of May, 1874, for a peremptory mandamus against the board of assessors of the city of Hew York, directing them to estimate the damage done the relator’s property by reason of the closing of Bloomingdale road, between Manhattan street and One Hundred and Twenty-seventh street, in said city, under and pursuant to chapter 697 of the Laws of 1867. The affidavit stated in substance that the relator was the owner…
1Opinion of the CourtJ. F. Daly, J.
The board of assessors .was created by the act of 1859 (chap. 302, sec. 15). Their duties are to make “ estimates and assessments required by law for building wells, erecting pumps, pitching, paving, regulating and repairing *408streets, constructing sewers, fencing vacant lots and public slips, and all other improvements directed by corporation ordinance, for which an assessment is to be made.” Before the creation of this permanent board by the act of 1859, all such estimates and assessments were made by assessors, specially appointed by the common council, when each improvement, for which…
2Cases cited25 opinions
- Brooklyn Park Commissioners v. ArmstrongNew York Court of Appeals · 1871
- Wilson v. Mayor of New YorkCourt for the Trial of Impeachments and Correction of Errors · 1845
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Mills v. . City of BrooklynNew York Court of Appeals · 1865
- Gould v. . Hudson River Railroad CompanyNew York Court of Appeals · 1852
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3Cited by1 opinion
- People ex rel. Bockes v. WempleNew York Supreme Court · 1889