Legal Opinion

Davis v. City of Newark

Supreme Court of New Jersey

Decided November 15, 1891PublishedCited by 9 opinions

The writ of certiorari allowed to the above-mentioned prosecutors, and other writs allowed to other prosecutors, has brought up proceedings for the grading, curbing and flagging of Washington avenue, in the city of Newark, resulting in an assessment imposed for benefits to the lands of such prosecutors. Argued at June Term, 1891, before Justices Scudder and Magie.

1Opinion of the Court

*146The opinion of the court was delivered by

Magie, J.

One objection urged by prosecutors against the assessment is based upon the fact that it includes a large amount of interest. The return shows that the common council, by resolution, ascertained and declared the whole amount of the costs and expenses of the improvement paid and incurred by the city to be $64,801.66, of which $29,040.48 was for “ interest.”

It has not been made to appear whether any or what sum was borrowed by the city to do the work, nor upon what interest has been calculated. The assertions of counsel cannot be considered.

But…

2Cited by9 opinions

  1. Chicago & Northwestern Railway Co. v. StateWisconsin Supreme Court · 1906
  2. Oklahoma Ry. Co. v. Severns Paving Co.Supreme Court of Oklahoma · 1917
  3. Sullivan v. City Council of CharlestonSupreme Court of South Carolina · 1923
  4. McNALLYS. v. Tp. of TeaneckNew Jersey Superior Court Appellate Division · 1975
  5. Dean v. Mayor of PatersonSupreme Court of New Jersey · 1901

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