Matter of Petition of Adam S. Cameron
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing an order of Special Term vacating an assessment for' paving Madison avenue, in the city of ISTew York, from Forty-second to Eighty-sixth streets. - The objections to the assessment were, that the resolution and ordinance in pursuance of which the work was done had not been published, as required by section 7 of the charter of 1857, and that the assessment was never…
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Appeal from order of the General Term of the Supreme Court in the first judicial department, reversing an order of Special Term vacating an assessment for' paving Madison avenue, in the city of ISTew York, from Forty-second to Eighty-sixth streets. - The objections to the assessment were, that the resolution and ordinance in pursuance of which the work was done had not been published, as required by section 7 of the charter of 1857, and that the assessment was never confirmed by the common council. A portion of the proceedings were not published in the New York Leader, an official newspaper.…
1Opinion of the CourtRapadlo, J.
The publication of the resolution authorizing the improvement in question was held by the court below insufficient, and we concur in that conclusion, there having been no publication whatever as to one board. The assessment or reassessment, under the act of 1871, was resorted to, probably, for the purpose of curing this defect. This assessment was, however, invalid for want of a certificate of the commissioner of public works, as to the amount of expense paid or actually incurred by the city. The act of 1871 requires the certificate of that officer, and does not' authorize the substitution of…
2Cited by4 opinions
- In Re the New York Protestant Episcopal Public SchoolNew York Court of Appeals · 1878
- Morrill v. TaylorNebraska Supreme Court · 1877
- In re the Assessments of Lands in the Town of FlatbushNew York Court of Appeals · 1875
- Stebbins v. KayNew York Supreme Court · 1889