People Ex Rel. Ross v. . City of Brooklyn
New York Court of Appeals
This was au appeal from an order of the General Term of the Supreme Court in the second judicial department, reversing proceedings for' grading and paving Grand street, in the city of Brooklyn, and vacating an assessment therefor, which proceedings were brought up for review by certiorari.
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This was au appeal from an order of the General Term of the Supreme Court in the second judicial department, reversing proceedings for' grading and paving Grand street, in the city of Brooklyn, and vacating an assessment therefor, which proceedings were brought up for review by certiorari. The alleged error in the proceedings ivas, that the common council made no estimate of the expense of the improvement, and the assessors did not, before the improvement was ordered or determined upon by the common council, ascertain the value of the premises proposed to be assessed for the expenses of such…
1Opinion of the Court
Allen, J., reads for reversal and new trial;
Church, Ch. J., and Andrews, J., concur; Earl, J., concurs in result; Miller, J., reads for aErmance; Folger, J., concurs; Rapallo absent.
Judgment reversed.
Upon the motion for a reargument, Allen, J., reads mem. for denial of motion. All concur. Folger, Miller and Earl, JJ., agree to result upon the ground that the matter has been fully considered.
Motion denied.
2Cited by16 opinions
- Pratt Institute v. . City of New YorkNew York Court of Appeals · 1905
- Popfinger v. . YutteNew York Court of Appeals · 1886
- Lewkowicz v. Queen Aeroplane Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Matter of Brooklyn, Q.C. S.R.R. Co.New York Court of Appeals · 1906
- Barker v. Town of FloydAppellate Division of the Supreme Court of the State of New York · 1901
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