Newell v. . Wheeler
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment of the City Court of Brooklyn, in favor of plaintiff. This action was commenced to declare void and to vacate the lien of a sale and certificate of sale of a lot of land in the city of Brooklyn for the non-payment of an assessment for flagging a sidewalk in front of said lot.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the second judicial district, affirming a judgment of the City Court of Brooklyn, in favor of plaintiff. This action was commenced to declare void and to vacate the lien of a sale and certificate of sale of a lot of land in the city of Brooklyn for the non-payment of an assessment for flagging a sidewalk in front of said lot. Proceedings to lay the assessment commenced July 23,1860, and the assessment was confirmed April 8, 1861. The assessment remaining unpaid, the lot was sold to the defendant for non-payment thereof, June 4,…
1Opinion of the Court
Eakl, C.
The main question to be considered in this case is, whether the assessment was legal, inasmuch as it was made against Terrett, and not the plaintiff who was the owner, and the solution of this question depends upon the construction of various provisions of the “ Act to consolidate the cities of Brooklyn and Williamsburgh and the town of Bushwick, into one municipal government, and to incorporate the same,” passed in 1854. (Chapter 384, Laws of 1854.)
By section thirteen of title two of the act, the common council is authorized to cause sidewalks to be flagged; but before any ordinance…
2Cases cited2 opinions
- Chapman v. . the City of BrooklynNew York Court of Appeals · 1869
- Crooke v. . AndrewsNew York Court of Appeals · 1869
3Cited by26 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- Marsh v. . City of BrooklynNew York Court of Appeals · 1874
- Miller v. . City of AmsterdamNew York Court of Appeals · 1896
- City of Schenectady v. Trustees of Union CollegeNew York Supreme Court · 1892
- In re the Consolidated Appeals of KlockAppellate Division of the Supreme Court of the State of New York · 1898
21 more not listed; retrieve them via the Exa API.