Mayor of Jersey City v. O'Callaghan
Supreme Court of New Jersey
On error to the Supreme Court. Suit to recover the amount, with interest, of an assessment paid by O’Callaghan, the plaintiff below, to the defendant. The plaintiff was one of a number of land owners Avhose property was assessed for benefits arising from the laying of a common sewer.
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On error to the Supreme Court. Suit to recover the amount, with interest, of an assessment paid by O’Callaghan, the plaintiff below, to the defendant. The plaintiff was one of a number of land owners Avhose property was assessed for benefits arising from the laying of a common sewer. The quota of the plaintiff was $1479.74, which he paid to the city on August 9th, 1872. In the year 1876, another of the 'land'owners carried this assessment to the Supreme Court by a certiorari, and had it set aside as to him, and on November 7th, 1877, the same court, on the application of the authorities of…
1Opinion of the Court
The opinion of the court was delivered by
Beasley, Chief Justice.
The decision in the case of Mayor of Jersey City v. Riker, 9 Vroom 225, is an authority for the doctrine that if an assessment for benefits to land by means of a municipal improvement, has been paid, and such assessment has been subsequently set aside, the person making the payment can recover the sum so paid by an action at law. In the present instance the defendant in error paid, under such circumstances, the amount assessed against him, and such tax having been annulled by the Supreme Court, at the instance of the authorities…
2Cases cited1 opinion
- In Re the Hebrew Benevolent Orphan Asylum SocietyNew York Court of Appeals · 1877
3Cited by14 opinions
- In Re an Increase in Fees by the New Jersey State Board of DentistrySupreme Court of New Jersey · 1980
- A.J. Tenwood Associates v. Orange Senior Citizens Housing Co.New Jersey Superior Court Appellate Division · 1985
- Suburban Department Stores v. East OrangeNew Jersey Superior Court Appellate Division · 1957
- TWP. OF WAYNE v. CassatlyNew Jersey Superior Court Appellate Division · 1975
- Ferdon v. Zarriello Bros. Inc.New Jersey Superior Court Appellate Division · 1965
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