Legal Opinion

Matter of Petition of Ferdinand Mayer

New York Court of Appeals

Decided December 17, 1872PublishedCited by 46 opinions

Appear from order of the General Term of the Supreme Court in the first judicial department, affirming an order of Special Term denying a motion to vacate an assessment for sewers in Seventy-ninth and Eightieth streets, between Avenue A and Third avenue. The objection to the assessment relied upon principally was, that a portion of the sewers were constructéd in streets not included in a sewerage district plan adopted or filed previous to mating the contract for the work.

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Appear from order of the General Term of the Supreme Court in the first judicial department, affirming an order of Special Term denying a motion to vacate an assessment for sewers in Seventy-ninth and Eightieth streets, between Avenue A and Third avenue. The objection to the assessment relied upon principally was, that a portion of the sewers were constructéd in streets not included in a sewerage district plan adopted or filed previous to mating the contract for the work. Chap. 580, Laws of 1872, is unconstitutional; being a local bill, it embraces more than one subject. (In re Blodgett, Ct.…

1Opinion of the Court

Church, Ch. J.

The omission to file a plan of sewerage, embracing the sewer in question, was held by this court to be an irregularity fatal to the assessment, prior to the act of 1872. (46 N. Y., 178.) The seventh section of the latter act expressly provides that assessments shall not be Vacated for irregularities of this and the like character, unless fraud be shown. It is claimed that this act of 1872, being chapter 580, entitled “An act in relation to certain local improvements in the city of Hew York,” is a violation of that provision of the Constitution which declares that “no private or…

2Cases cited2 opinions

  1. In Matter of PalmerNew York Court of Appeals · 1869
  2. In Re New York Protestant Episcopal Public SchoolNew York Court of Appeals · 1871

3Cited by46 opinions

  1. Slack v. JacobWest Virginia Supreme Court · 1875
  2. People Ex Rel. Board of Commissioners v. BanksNew York Court of Appeals · 1876
  3. People ex rel. Klokke v. WrightIllinois Supreme Court · 1873
  4. People of the State of N.Y. v. . QuiggNew York Court of Appeals · 1874
  5. In the Matter of Van AntwerpNew York Court of Appeals · 1874

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