Mann v. City of Utica
New York Supreme Court
This action is brought by two plaintiffs, owners, as tenants in common, of two lots on the north side of Broad street, in the city of Utica, against the city and its treasurer, to declare void all assessments made by the city on said lots to defray the expenses of paving, said street, and expenses connected therewith, and to restrain the defendants from enforcing the assessment by leasing the premises pursuant to the provisions of the city charter.
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This action is brought by two plaintiffs, owners, as tenants in common, of two lots on the north side of Broad street, in the city of Utica, against the city and its treasurer, to declare void all assessments made by the city on said lots to defray the expenses of paving, said street, and expenses connected therewith, and to restrain the defendants from enforcing the assessment by leasing the premises pursuant to the provisions of the city charter. The answer contains denials of some of the allegations of the complaint with other defenses. This action was commenced 30th January, 1872, and.a…
1Opinion of the CourtHardin, J.
In the assessment proceedings taken by the common council of the city, the lands belonging to the plaintiffs are described, and the assessment is made as though A. C. Miller was the owner or occupant of the property. His name appears upon the assessment, signed by the mayor, Oct. 7th, 1871, preceding the description of the property of the plaintiffs, and was carried in the same manner into the collector’s warrant i.-sued to collect the assessment. He was neither owner or occupant, and refused to pay the assessment.
The defendants then commenced proceedings to sell the property described in the…
2Cases cited31 opinions
- Providence Bank v. BillingsSupreme Court of the United States · 1830
- United States v. MarigoldSupreme Court of the United States · 1850
- Mayor of Brooklyn v. MeseroleNew York Supreme Court · 1841
- Heywood v. . the City of BuffaloNew York Court of Appeals · 1856
- Brewster v. . City of SyracuseNew York Court of Appeals · 1859
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3Cited by6 opinions
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- Wormser v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Board of Supervisors v. BettsNew York Supreme Court · 1889
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