In re the Mayor of New-York
New York Supreme Court
The report of the commissioners of estimate and assessment, in this matter, was confirmed at the last August term without opposition, owing to certain papers sent by Mr. Simmons to oppose, not arriving in season.
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The report of the commissioners of estimate and assessment, in this matter, was confirmed at the last August term without opposition, owing to certain papers sent by Mr. Simmons to oppose, not arriving in season. Since that time, Simmons complaining to the corporation that his property had been assessed too high, they resolved, that if the supreme court should be of opinion that the assessment could be waived by the assent of the corporation, without imparing the validity of the proceedings, the counsel of the corporation should waive the assessment, so as to permit Simmons to be heard at…
1Opinion of the Court
Savage, Ch. J.
The hardship of these corporation cas-i's is a very common topic of remark when their proceed*572ings come before us; but we have no power to give relief. The remedy lies with the legislature. We actas commissioners under a statute, declaring what we have once done to be conclusive. (2 R. L. 413.) Vested rights are acquired by third persons in virtue of what we do; and the plain import of the statute and the cases cited is, that the report being once confirmed, becomes irrevocable, unless it be voluntarily waived by all parties concerned. We do not act as a court in these matters;…
2Cases cited2 opinions
- In re the Petition of Mayor of New-YorkNew York Supreme Court · 1822
- Stafford v. Mayor of AlbanyNew York Supreme Court · 1811
3Cited by3 opinions
- Woodruff v. FisherNew York Supreme Court · 1853
- United States v. LengDistrict Court, S.D. New York · 1883
- People ex rel. Harvey v. HeathNew York Supreme Court · 1860