Buffalo City Cemetery v. . City of Buffalo
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, reversing a judgment in favor of plaintiff entered upon decision of the court at Special Term, and dismissing plaintiff’s complaint.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, reversing a judgment in favor of plaintiff entered upon decision of the court at Special Term, and dismissing plaintiff’s complaint. This is an action brought by the Buffalo City Cemetery, for the purpose of having declared null an assessment upon its lands, levied by the defendant, to defray the expenses of a sidewalk, which the city had caused to be constructed on the south side of Worth street, and along lands owned by the plaintiff. In 1868 the common council of the city of Buffalo directed a sidewalk…
1Opinion of the CourtFolger, J.
In this case the appellant claims, that if it be held that the respondent had the right to assess the property of the appellant, yet it has not complied with the law in doing it. But one objection is urged, and it is stated upon the points of the appellant’s counsel thus: “The assessment should have been upon the lands of the respective owners, by their known boundaries. The city had no right to assess the whole block to the cemetery, who only owned a portion of it.” As far as we can gather from the printed papers before us (from which are lacking certain plats or maps referred to in the…
2Cited by31 opinions
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- County of Adams v. City of QuincyIllinois Supreme Court · 1889
- Edwards & Walsh Construction Co. v. Jasper CountySupreme Court of Iowa · 1902
- Wood v. Macon & Brunswick RailroadSupreme Court of Georgia · 1882
- McWhirter v. NewellIllinois Supreme Court · 1903
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