Nichols v. Voorhis
New York Supreme Court
Reargtbient of an appeal from a judgment, entered upon an order sustaining a demurrer to the complaint herein. The action was brought to vacate an assessment imposed upon lands of the plaintiff, under the provisions of chapter 670 of 1871, authorizing commissioners to lay out Rockland avenue, and to restrain the commissioners, and their successors, from collecting or enforcing the same.
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Reargtbient of an appeal from a judgment, entered upon an order sustaining a demurrer to the complaint herein. The action was brought to vacate an assessment imposed upon lands of the plaintiff, under the provisions of chapter 670 of 1871, authorizing commissioners to lay out Rockland avenue, and to restrain the commissioners, and their successors, from collecting or enforcing the same. The appeal was argued in 1876, and decided at a General Term held in December of that year, being reported in 9 Hun, at page 171. The judgment was then reversed. Subsequently an appeal was taken to the Court…
1Opinion of the Court
Gilbert, J. :
These rules have been as fully established in this State as any other, viz. : 1. That the equitable power of the court cannot be invoked for the purpose of reviewing the proceedings of boards or officers, such as the commissioners whose acts are assailed in this case. That has always been a matter of legal, and never a matter of equitable, cognizance. 2. That a party is not entitled to equitable relief because his property has been illegally assessed for a public improvement, and such assessment is an apparent lien thereon. To authorize the court to interpose to remove such lien…
2Cases cited2 opinions
- Guest v. . the City of BrooklynNew York Court of Appeals · 1877
- Mutual Benefit Life Insurance v. Board of SupervisorsNew York Court of Appeals · 1866