People Ex Rel. Kilmer v. . McDonald
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming with costs the proceedings of commissioners of appraisal appointed under chapter 623 Laws of 1870, by virtue of which certain assessments were made against the relators for extending and widening Union avenue in the village of Saratoga Springs, which proceedings were brought up for review by certiorari issued in 1873. The facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department affirming with costs the proceedings of commissioners of appraisal appointed under chapter 623 Laws of 1870, by virtue of which certain assessments were made against the relators for extending and widening Union avenue in the village of Saratoga Springs, which proceedings were brought up for review by certiorari issued in 1873. The facts appear sufficiently in the opinion. Chapter 623, Laws of 1870, and the acts amendatory thereof, are unconstitutional, and all the proceedings under them, including…
1Opinion of the Court
We have carefully examined the acts of the legislature relating to the proceedings under review in this case, and the points urged by the appellants in opposition to the validity of such proceedings, and deem it sufficient, without an elaborate discussion of the points, to state our conclusions thereon, which are as follows:
First. That the act of 1870 (ch. 623) creating the avenue commissioners, and the subsequent acts amendatory thereof, so far at all events as the widening of Union avenue is concerned, are not in conflict with section 2 of art. 10 of the constitution of this State, but are…
2Cases cited4 opinions
- People Ex Rel. Albany & Susquehanna Railroad v. MitchellNew York Court of Appeals · 1866
- Wm. B. Astor v. . MayorNew York Court of Appeals · 1875
- Town of Duanesburgh v. . JenkinsNew York Court of Appeals · 1874
- John Jacob Astor v. . MayorNew York Court of Appeals · 1875
3Cited by15 opinions
- People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
- Boardwalk & Seashore Corp. v. MurdockNew York Court of Appeals · 1941
- Hequembourg v. City of DunkirkNew York Supreme Court · 1888
- People ex rel. Board of Commissioners for the Erection of a New Court House v. Board of SupervisorsNew York Court of Appeals · 1902
- People Ex Rel. Comrs. Etc. v. . Suprs. OneidaNew York Court of Appeals · 1902
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