Brown v. . McKie
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 10, 1904, reversing a judgment entered upon a decision of the court at Special Term in an action to set aside certain assessments. The facts, so far as material, are stated in the opinion. The judgment having been entered by agreement, and not as directed by the trial court, is not appealable.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered December 10, 1904, reversing a judgment entered upon a decision of the court at Special Term in an action to set aside certain assessments. The facts, so far as material, are stated in the opinion. The judgment having been entered by agreement, and not as directed by the trial court, is not appealable. (Peterson v. Swan, 119 N. Y. 662; Finch v. Carpenter, 29 Hun, 268; Dawson v. Parsons, 74 Hun, 221; Bolles v. Cantor, 6 App. Div. 365 ; Brown v. Brown, 64 App. Div. 544; Flake v. Van…
1Opinion of the CourtWillard Bartlett, J.
This action was brought to set aside certain assessments upon lands belonging to the plaintiffs on the ground that such assessments constituted a cloud upon their title. The trial judge, who rendered a decision in the short form (which has since been abolished), declared that he found the assessment to be void upon its face so far as it related to sixty-two acres of the plaintiff’s land, but that the assessment as to nineteen lots thereof was valid. The decision further declared that inasmuch as the objection to the validity of the assessment appeared upon the face of the assessment roll the…
2Cases cited1 opinion
- Cauhape v. . P., D. Co.New York Court of Appeals · 1890
3Cited by4 opinions
- Porter v. SmallOregon Supreme Court · 1912
- City of Pocatello v. MurrayIdaho Supreme Court · 1912
- Noxon v. City of New RochelleNew York Supreme Court · 1909
- Bloch v. Black & White Cab Co.Appellate Terms of the Supreme Court of New York · 1918