People ex rel. Kilmer v. McDonald
New York Supreme Court
This case comes on to be heard on the return of the defendants to a common law writ of certiorari, awarded by a judge out of court, requiring them to return the proceedings of said commissioners in appraising the damages, and assessing the benefits resulting from the laying out, widening and extending Union avenue, in" the village of Saratoga Springs, from Nelson street to Circular street, under chapter 623, of the Laws of 1870, page 1442, entitled “An act to provide for…
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This case comes on to be heard on the return of the defendants to a common law writ of certiorari, awarded by a judge out of court, requiring them to return the proceedings of said commissioners in appraising the damages, and assessing the benefits resulting from the laying out, widening and extending Union avenue, in" the village of Saratoga Springs, from Nelson street to Circular street, under chapter 623, of the Laws of 1870, page 1442, entitled “An act to provide for laying out and improving roads and avenues in the village and town of Saratoga,” and the acts aménding the same, passed in…
1Opinion of the Court
Miller, P. J.:
It is claimed by the counsel for the relators that the commissioners of appraisal, appointed in pursuance of the act of 1870, have failed to comply with the requirements of said act, and, for that reason, the taxes imposed upon the relators are illegal and should be set aside. By the ninth section of the act in question, in case the commissioners of construction disagree with the owners, provision is made for the appointment of commissioners of appraisal. These last named commissioners are to appraise all damages and to assess all resulting benefits, as provided in sections 10…
2Cases cited6 opinions
- People ex rel. Church v. Supervisors of AlleganyNew York Supreme Court · 1836
- Westfall v. . PrestonNew York Court of Appeals · 1872
- The People v. . StilwellNew York Court of Appeals · 1859
- Hallett v. CollinsSupreme Court of the United States · 1850
- Saratoga & Washington Rail Road v. McCoy, Hodgman & WilliamsNew York Supreme Court · 1851
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