People Ex Rel. Cayadutta Plank Road Co. v. Cummings
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 18, 1900, and from the judgment entered thereon July 24, 1900, reversing the determination of the mayor and common council of the city of- Glovers ville in making an assessment upon the property of the relator, and vacating and annulling such assessment.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered July 18, 1900, and from the judgment entered thereon July 24, 1900, reversing the determination of the mayor and common council of the city of- Glovers ville in making an assessment upon the property of the relator, and vacating and annulling such assessment. This was a proceeding by certiorari to review the action of the mayor and common council in making such assessment. The Appellate Division erred in holding that the highway authorities of the city of Gloversville did not have…
1Opinion of the CourtMabtin, J.
It is deemed unnecessary to discuss any of the questions presented upon this appeal, except that upon which the Appellate Division determined that the assessment was invalid, farther than to say that we have examined them all without finding any error which justified the Appellate Division in reversing the action of the common council. Hence, the only question which need be considered is whether the mayor and common council of the city of Gloversville had power to repave South Main street and assess upon the relator any portion of the expense of such improvement.
In 1851 the relator was…
2Cases cited9 opinions
- Genet v. . City of BrooklynNew York Court of Appeals · 1885
- Walker v. . CaywoodNew York Court of Appeals · 1865
- In re the Trustees of the New York & Brooklyn BridgeNew York Court of Appeals · 1878
- Attorney-General v. North America Life InsuranceNew York Court of Appeals · 1880
- Mayor of New York v. Twenty-Third Street Railway Co.New York Court of Appeals · 1889
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3Cited by3 opinions
- Town of Oyster Bay v. MosesAppellate Division of the Supreme Court of the State of New York · 1936
- People ex rel. New York Central & Hudson River Railroad v. State Tax CommissionAppellate Division of the Supreme Court of the State of New York · 1923
- Town of Oyster Bay v. MosesAppellate Division of the Supreme Court of the State of New York · 1936