County of Monroe v. . City of Rochester
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the fifth judicial department, entered June 22,1895, which reversed a judgment in favor of defendants, entered upon a decision of the court dismissing the complaint on trial at an Equity Term and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the General Term of the Supreme Court in the fifth judicial department, entered June 22,1895, which reversed a judgment in favor of defendants, entered upon a decision of the court dismissing the complaint on trial at an Equity Term and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Respondent was bound to show affirmatively that the assessment was erroneous or illegal, (Harriman v. Howe, 78 Hun, 282; In re Ingraham, 64 N. Y. 310; In re Merriam, 84 N. Y. 596; In re Brady, 85 N. Y. 268; In re Voorhis, 90 N. Y.…
1Opinion of the CourtGray, J.
This action was brought to set aside an assessmentoimposed upon the plaintiff’s property for the expense of opening a new street, in the city of Rochester, and to obtain an injunction restraining the collection of the assessment.
It appears that, in 1881, the common council of the city adopted an ordinance for the opening of what is known as Church street. The ordinance designated, as the portions of the city deemed to be benefited and proper to be assessed for the whole expense of the opening of the street, “ the entire First ward; also all that portion of the Second ward bounded,” etc. After…
2Cases cited4 opinions
- Guest v. . the City of BrooklynNew York Court of Appeals · 1877
- Ellwood v. . City of RochesterNew York Court of Appeals · 1890
- Hoffeld v. . City of BuffaloNew York Court of Appeals · 1892
- Parker v. Arctic Fire InsuranceNew York Court of Appeals · 1874
3Cited by24 opinions
- Elmhurst Fire Co. v. . City of New YorkNew York Court of Appeals · 1914
- N.Y.C. H.R.R.R. Co. v. . City of YonkersNew York Court of Appeals · 1924
- In re the Consolidated Appeals of KlockAppellate Division of the Supreme Court of the State of New York · 1898
- Nolan v. Bureau of Assessors of New York City Finance AdministrationNew York Court of Appeals · 1972
- Trumbull v. PalmerAppellate Division of the Supreme Court of the State of New York · 1905
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