Uhlefelder v. City of Mount Vernon
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Arnold Uhlefelder, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Westchester on the 16th day of. March, 1901, upon the decision of the court, rendered after a trial at the Westchester Special Term, dismissing the complaint upon the merits.
1Opinion of the Court
Woodwaed, J.:
The plaintiff brings this action to vacate an assessment affecting property described in the complaint, the assessment having been made for the construction of a lateral sewer in a way or street known as Chester street in the defendant city. The theory of the plaintiff’s case is that the street is not in fact a legal highway, and that, therefore, the defendant was without authority to direct the construction of such sewer and levy the assessment against plaintiff’s property for the same. The question presented is thus one of fact, and the learned court at Special Term has found…
2Cases cited2 opinions
- Matter of HunterNew York Court of Appeals · 1900
- Kissam v. KissamAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Young v. Barker-RansomAppellate Division of the Supreme Court of the State of New York · 1910
- In re Bragaw StreetNew York Supreme Court · 1913