Rumsey v. . City of Buffalo
New York Court of Appeals
Appeal from judgment of the Greneral Term of the Superior Court of the city of Buffalo, entered upon an order made May 15, 1882, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. This action was brought to have an assessment for a local improvement upon certain lands of plaintiffs in the city of Buffalo, and a sale thereunder adjudged illegal and void.
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Appeal from judgment of the Greneral Term of the Superior Court of the city of Buffalo, entered upon an order made May 15, 1882, which affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. This action was brought to have an assessment for a local improvement upon certain lands of plaintiffs in the city of Buffalo, and a sale thereunder adjudged illegal and void. The facts so far as material to the questions discussed are stated in the opinion. In order to maintain their action plaintiffs were required to prove, affirmatively, that there was…
1Opinion of the CourtAndrews, J.
By the defendant’s charter, the validity of an assessment is to he presumed, and the burden of establishing its invalidity is east upon the party questioning it. (Chap. 519, Laws of 1870, § 36.) The complaint alleges that the assessment in question was illegal and void; the court found in accordance with the allegation, and there was no exception to the finding. The fact therefore stands without question that the assessment created an apparent lien upon the plaintiffs’ land, presumptively valid, although imposed without authority of law. The plaintiffs, upon this state of things, had a clear…
2Cases cited1 opinion
- Crooke v. . AndrewsNew York Court of Appeals · 1869
3Cited by8 opinions
- Graber v. GaultAppellate Division of the Supreme Court of the State of New York · 1905
- Trumbull v. PalmerAppellate Division of the Supreme Court of the State of New York · 1905
- Tifft v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1898
- Allter v. Village of St. JohnsvilleAppellate Division of the Supreme Court of the State of New York · 1909
- Graber v. GaultAppellate Division of the Supreme Court of the State of New York · 1905
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