Matter of Pennie
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made May 3, 1887, which affirmed an order of Special Term vacating, as to the petitioner, an assessment for an improvement .of Second avenue in the city of Albany.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made May 3, 1887, which affirmed an order of Special Term vacating, as to the petitioner, an assessment for an improvement .of Second avenue in the city of Albany. (Reported below, 45 Hun, 391.) The alleged error in the assessment was the failure of the board of contract and apportionment to give the one week’s notice required by the city charter (§ 8, tit. 9, Chap. 298, Laws of 1883) of the meeting of the board to receive bids for the work. The further material facts are stated in the opinion.
1Opinion of the Court
Bug-er, Oh. J.
The reasons for upholding the order vacating the assessment m question, are so fully set forth in the opinions rendered in the courts below—that it is deemed unnecessary to do more — than state the conclusions reached by this court upon the questions involved. It is argued by the appellant that proceedings by the municipal authorities, in letting contracts for work authorized to be performed under its charter upon the streets of Albany, are not proceedings “relative to any assessment” witíiin the meaning of section 2, title 11 of the charter (Chap. 298, Laws of 1883) authorizing…
2Cases cited7 opinions
- Jex v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1886
- In Re the Emigrant Industrial Savings BankNew York Court of Appeals · 1878
- In Re the Petition of George DouglassNew York Court of Appeals · 1871
- Matter of BurkeNew York Court of Appeals · 1875
- In the Matter of SmithNew York Court of Appeals · 1873
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3Cited by11 opinions
- General Realty Improvement Co. v. City of New HavenSupreme Court of Connecticut · 1946
- Packham v. German Fire Ins., Co.Court of Appeals of Maryland · 1900
- Comstock v. City of Eagle GroveSupreme Court of Iowa · 1907
- Watkins v. GriffithSupreme Court of Arkansas · 1894
- Watson v. City of SalemOregon Supreme Court · 1917
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