Matter of Petition of Knaust
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made April 8, 1881, which reversed an order of Special Term, vaeating'an assessment for regulating, grading, etc., Manhattan street in the city of New York. The facts are sufficiently stated in the opinion. The power to initiate a local improvement and assess can be conferred only by ordinance of the council.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made April 8, 1881, which reversed an order of Special Term, vaeating'an assessment for regulating, grading, etc., Manhattan street in the city of New York. The facts are sufficiently stated in the opinion. The power to initiate a local improvement and assess can be conferred only by ordinance of the council. (Laws of 1813, chap. 86, § 176; Laws of 1870, chap. 137, § 12; Matter of Deering, 85 N. Y. 1.) The failure to advertise for proposals and contract for the work was a substantial error, vitiating…
1Opinion of the CourtDanforth, J.
Ac Special Term the petitioner succeeded, but the General Term reversed the decision there made, and he now appeals to this court, alleging two grounds of error : First. “ The absence of any ordinance of the common council authorizing the improvement” in question; and Second. That the work was not done by contract let after public bidding.” The questions were before the court in Matter of Walter (75 N Y. 354), upon the same assessment, but the case, was determined upon other propositions, and these were not passed uj)on. They are, however, insufficient to sustain this appeal. The act of 1886…
2Cases cited2 opinions
- People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
- In the Matter of the Petition of DeeringNew York Court of Appeals · 1881
3Cited by9 opinions
- In re the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1901
- Gubner v. McClellanAppellate Division of the Supreme Court of the State of New York · 1909
- People ex rel. Lardner v. CarsonNew York Supreme Court · 1894
- In re Malone Water-Works Co.New York Supreme Court · 1890
- People ex rel. Lardner v. CarsonNew York Circuit Court · 1894
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