Smith v. . City of Buffalo
New York Court of Appeals
Appeals in each of the actions above entitled from a judg- ■ ment of the late General Term of the Supreme Court in the fifth judicial department, entered ¡November 6,1895, affirming a judgment entered upon the decision of the court after a trial at Special Term. Each of said actions was brought to set aside a local assessment and to restrain the defendant from collecting the same.
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Appeals in each of the actions above entitled from a judg- ■ ment of the late General Term of the Supreme Court in the fifth judicial department, entered ¡November 6,1895, affirming a judgment entered upon the decision of the court after a trial at Special Term. Each of said actions was brought to set aside a local assessment and to restrain the defendant from collecting the same. The assessment involved in the first action was made to meet the expense of extending Bailey, avenue from the city line to ¡Main street in the city of Buffalo, and in the second to meet the expense of constructing a…
1Opinion of the CourtVann, J.
The position of the appellants, that the assessments should be set aside because the common council did not define the assessment districts before ordering the assessors to make the assessments, is answered by the decision of this court in People ex rel. Lehigh Valley Railway Co. v. City of Buffalo (147 N. Y. 675). The precise question was there involved, and in deciding it the court, through Chief Judge Andrews, said : “ The claim that the district of assessment should have been fixed by the common council, and not by the assessors, depends upon the provisions of the charter. It was…
2Cases cited10 opinions
- Spencer v. . MerchantNew York Court of Appeals · 1885
- Ensign v. . BarseNew York Court of Appeals · 1887
- People Ex Rel. Mayor of New York v. Board of AssessorsNew York Court of Appeals · 1888
- White v. . BenjaminNew York Court of Appeals · 1896
- Van Deventer v. . Long Island CityNew York Court of Appeals · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Matter of Tartaglia v. McLaughlinNew York Court of Appeals · 1948
- Shapard v. City of MissoulaMontana Supreme Court · 1914
- Reynard v. City of CaldwellIdaho Supreme Court · 1933
- People Ex Rel. O'Reilly v. Common Council of KingstonNew York Court of Appeals · 1907
- City of Rochester v. Fourteenth Ward Co-Operative Building Lot Ass'nNew York Court of Appeals · 1905
7 more not listed; retrieve them via the Exa API.