New York & Brooklyn Saw-Mill & Lumber Co. v. City of Brooklyn
New York Court of Appeals
Appeal from judgment of the General Term of the Supremo Court, in the second judical department, in favor of defendant, entered upon an order affirming an order of Special Term, which sustained a demurrer to the complaint, and dismissing the complaint. (Reported below, 8 Hun, 37.) The allegations of the complaint are sufficiently stated in the opinion. The demurrer was upon the ground that the complaint did not state facts constituting a cause of action.
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Appeal from judgment of the General Term of the Supremo Court, in the second judical department, in favor of defendant, entered upon an order affirming an order of Special Term, which sustained a demurrer to the complaint, and dismissing the complaint. (Reported below, 8 Hun, 37.) The allegations of the complaint are sufficiently stated in the opinion. The demurrer was upon the ground that the complaint did not state facts constituting a cause of action. Chapter 839, Laws of 1871, was in all respects valid. (Town of Guilford v. Suprs. Chenango, 13 N. Y., 148; Brewster v. City of Syracuse, 19…
1Opinion of the Court
Church, Ch. J.
The appeal is brought upon a judgment entered, sustaining a demurrer to the complaint. The complaint alleges in substance that, by an act of the Legislature passed in 1866, entitled, “ an Act to improve the Gowanus canal, in the city of Brooklyn,” and the acts amendatory thereof, certain commissioners named and appointed were authorized to cause the sides of the Gowanus canal, not then docked, to be docked, the expense to be assessed on the property so docked; that plaintiff at the time owned property along the lines of said canal, which was not docked; that the said…
2Cases cited4 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Lorillard v. . the Town of MonroeNew York Court of Appeals · 1854
- Russell v. Mayor of New-YorkNew York Supreme Court · 1845
3Cited by23 opinions
- Brink v. . Hanover Fire Ins. Co.New York Court of Appeals · 1880
- Sage v. . City of BrooklynNew York Court of Appeals · 1882
- The People Ex Rel. Negus v. . DwyerNew York Court of Appeals · 1882
- Nicholson v. City of DetroitMichigan Supreme Court · 1902
- German-American Savings Bank v. City of SpokaneWashington Supreme Court · 1897
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