Legal Opinion

Bouton v. President

New York Supreme Court

Decided May 15, 1829PublishedCited by 8 opinions

Error on certiorari to the president and trustees of the village of Brooklyn. An order was made by the trustees for regulating and paving Bridge-street from Prospect-street to the East river, which was accordingly done, and a warrant issued to the assessors of the village, to make an estimate of the expense, and to make a just and equitable assessment thereof amongthe ownersor occupants of all the houses and lots intended to be benefitted, in proportion, as nearly as might…

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Error on certiorari to the president and trustees of the village of Brooklyn. An order was made by the trustees for regulating and paving Bridge-street from Prospect-street to the East river, which was accordingly done, and a warrant issued to the assessors of the village, to make an estimate of the expense, and to make a just and equitable assessment thereof amongthe ownersor occupants of all the houses and lots intended to be benefitted, in proportion, as nearly as might be, to the benefit and advantage which each should be deemed to acquire thereby. The assessors estimated the expense at…

1Opinion of the Court

By the Court, Savage, Ch. J.

By the return to the certiorari in this case, it appears that an application was made to the trustees for pitching and paving Bridge-street, from *398Prospect-street to the East river; that the work was done ; that an estimate was duly made, and afterwards an assessment of the expense, in which the plaintiff was assessed $277, complains of this on two grounds : 1. That.the as- . sessment was not made upon the principle contained in the statute; and 2. That the proceedings were irregular for want of due notice.

The village of Brooklyn was incorporated in 1816, and…

2Cited by8 opinions

  1. People ex rel. Church v. Supervisors of AlleganyNew York Supreme Court · 1836
  2. People Ex Rel. Citizens' Gas-Light Co. v. Board of AssessorsNew York Court of Appeals · 1868
  3. People ex rel. Buffalo & State Line Railroad v. FredericksNew York Supreme Court · 1866
  4. Ex parte Mayor of AlbanyNew York Supreme Court · 1840
  5. People ex rel. Porter v. City of RochesterNew York Supreme Court · 1856

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