In the Matter of the Petition of Brady
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of the city of New York, made November 8, 1880, affirming an order "of Special Term which denied an application to vacate an assessment, upon certain lots owned by the petitioner, for paving Fifth avenue, from One Hundred and Twenty-fourth to One Hundred and Thirtieth street, with Hamer wood pavement.. The objections raised to the assessment and the facts pertinent thereto are sufficiently stated in the opinion.
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Appeal from order of the General Term of the Superior Court of the city of New York, made November 8, 1880, affirming an order "of Special Term which denied an application to vacate an assessment, upon certain lots owned by the petitioner, for paving Fifth avenue, from One Hundred and Twenty-fourth to One Hundred and Thirtieth street, with Hamer wood pavement.. The objections raised to the assessment and the facts pertinent thereto are sufficiently stated in the opinion. The work for which the assessment was laid was a repavement, and it was, therefore, void. (In re Burmeister, MS., 76 N. Y.…
1Opinion of the CourtMiller, J.
A number of objections are urged to the validity of the assessment, which is the subject of review upon this appeal, and none of them, we think, are available.
The point made, that the ordinance and resolution authorizing the work were not published, as required by law, is answered by the fact that there is no proof that the proceedings of the common council in reference to the improvement and assessment therefor were not published. The evidence on this subject fails to show, affirmatively, that such was the case, and hence the allegation is not sustained. The onus of proof is on the…
2Cases cited3 opinions
- Matter of the Petitions of Laura E. EagerNew York Court of Appeals · 1871
- Matter of Petition of Sarah E. BassfordNew York Court of Appeals · 1872
- Matter of GarveyNew York Court of Appeals · 1879
3Cited by5 opinions
- Broezel v. City of BuffaloNew York Supreme Court · 1889
- In re FerrisSuperior Court of Buffalo · 1887
- Baldwin v. SpringfieldClarke County Court of Common Pleas · 1910
- City of New York v. BrownAppellate Terms of the Supreme Court of New York · 1899
- In re Allen, New York County Courts1911