Matter of Dodd
New York Court of Appeals
Motiost to dismiss an appeal. The petitioner, John M. Dodd, was assessed for several sums of $63.23 and $8, for paving; in the Eighth avenue in New York. He made application by petition to a justice of the Supreme Court, pursuant to the act of April 17, 1858, and after a hearing pursuant to notice, an order was made vacating the assessments.
Read the full summary
Motiost to dismiss an appeal. The petitioner, John M. Dodd, was assessed for several sums of $63.23 and $8, for paving; in the Eighth avenue in New York. He made application by petition to a justice of the Supreme Court, pursuant to the act of April 17, 1858, and after a hearing pursuant to notice, an order was made vacating the assessments. An appeal was taken, on behalf of the corporation of the city, to the Supreme Court at general term; but that appeal was there dismissed; on the ground, as it is understood, that the order was final, and not subject to review. The corporation, by its…
1Opinion of the Court
Denio, Ch. J.
The authority under which the justice of the Supreme Court acted, in vacating the assessment, was the act in' relation to frauds in assessments for local improvements in the city of New York, passed in the year 1858 (ch. 338). It authorizes an application, by a person aggrieved by an assess ment complained of as fraudulent or irregular, to a justice of the Supreme Court, in special term or in vacation, on notice to the counsel of the corporation ; and the judge is required, forthwith, to proceed to hear the proofs and allegations of the parties. If he finds the complaint well…
2Cited by8 opinions
- In the Matter, Etc., of Kings Co. Elev. Ry. Co.New York Court of Appeals · 1880
- In Matter of Petition of JetterNew York Court of Appeals · 1879
- People ex rel. Clute v. BoardmanNew York Court of Appeals · 1868
- People ex rel. Schick v. MarvinAppellate Division of the Supreme Court of the State of New York · 1935
- In re New York Christian Home for Intemperate MenAppellate Division of the Supreme Court of the State of New York · 1926
3 more not listed; retrieve them via the Exa API.