City of Johnstown v. Wade
Appellate Division of the Supreme Court of the State of New York
Appeal from special term Action by the city of Johnstown against Mortimer Wade and others. From an order setting aside a judgment against the plaintiff, tliedefendants appeal.
Read the full summary
Appeal from special term Action by the city of Johnstown against Mortimer Wade and others. From an order setting aside a judgment against the plaintiff, tliedefendants appeal. On or about the 10th day of March, 1S9G, a petition, certified to by the city engineer to have been signed by the required number of property owners, both as to the majority of owners and number of linear feet front, was filed with the city clerk of the city of Johnstown, petitioning the mayor and common council to lay out, open, and extend South Market street, in said city, from West Montgomery street to the south…
1Opinion of the CourtHerrick, J.
The order appealed from was made upon the ground that where it is necessary, in order to open a street, that there should be' a petition of the property owners fronting upon such street, and that petition requests the opening of the street to a given point, and the city authorities proceed to open it for a shorter distance than is prayed for by the petitioners, their' proceeding is not in accordance with the petition, and is therefore illegal. I agree that suen proposition is correct. The question for us to determine is whether it is applicable to the facts in this case. Section 72 of chapter…
2Cases cited1 opinion
- Brooklyn Elevated Railroad v. NagelNew York Supreme Court · 1894