City of Ithaca v. Babcock
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, George W. Babcock, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Tompkins on the 2d day of August, 1901, upon the decision of the court rendered after a trial before the court without a jury at the Tompkins Trial Term. The material facts appear in the opinion.
1Opinion of the Court
Kellogg, J.:
The plaintiff brings this action in the Supreme Court to recover a. judgment for a local assessment for sewer purposes. The defendant contends that the action cannot be maintained against him personally, that in any event the assessment can be enforced only against the premises described in the assessment roll. He also contends that the assessment is void, as having been made upon a wrong principle. The authority for the manner of making the assessment (Laws of 1895, chap. 162, § 12) declares that it shall be made as “prescribed by title six of the charter of the city of Ithaca.”…
2Cases cited8 opinions
- O'Reilley v. . City of KingstonNew York Court of Appeals · 1889
- In the Matter of the Petition of CrugerNew York Court of Appeals · 1881
- County of Monroe v. . City of RochesterNew York Court of Appeals · 1898
- Conde v. . City of SchenectadyNew York Court of Appeals · 1900
- People Ex Rel. Scott v. . PittNew York Court of Appeals · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Pikas v. Town of Grand IslandAppellate Division of the Supreme Court of the State of New York · 1984
- In re White Plains Presbyterian ChurchAppellate Division of the Supreme Court of the State of New York · 1906
- Carriero v. Town BoardAppellate Division of the Supreme Court of the State of New York · 2010
- People ex rel. Keim v. DesmondAppellate Division of the Supreme Court of the State of New York · 1906
- People ex rel. O'Reilly v. Common CouncilAppellate Division of the Supreme Court of the State of New York · 1906