Legal Opinion

In re Anthony-street

New York Supreme Court

Decided September 15, 1839PublishedCited by 18 opinions

In this case the corporation presented a petition for leave to discontinue their proceedings in the above matter. The petition stated among other things, that, on the application of the petitioners, made to this court, May 4th, 1837, commisioners of estimate and assessment had been appointed, who reported at the special term, in March last, when the petitioners moved this court that the report be confirmed.

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In this case the corporation presented a petition for leave to discontinue their proceedings in the above matter. The petition stated among other things, that, on the application of the petitioners, made to this court, May 4th, 1837, commisioners of estimate and assessment had been appointed, who reported at the special term, in March last, when the petitioners moved this court that the report be confirmed. The motion being opposed, an order was directed and entered by the clerk thus : “ That the said report be referred back to the said commissioners, for revisa! and correction, by awarding…

1Opinion of the Court

By the Court, Cowen, J.

The cases heretofore decided by this court and the court of chancery, leave it quite clear that individuals acquire no vested right under these street proceedings and therefore can not insist that the corporation shall go on, until the final confirmation of the report of the commisioners of estimate and assessment, Kent, Ch. in the Corporation of N. *620Y. v. Mapes, 6 Johns. Ch. Rep. 49. Matter of the application of the Mayor, &c. relative to Third street, 6 Cowen, 571. Hawkins v. The Trustees of Rochester, 1 Wendell 53. The People v. Brooklyn, id. 318 et sequitur, and…

2Cases cited2 opinions

  1. Elwell v. M'QueenNew York Supreme Court · 1833
  2. Hawkins v. Trustees of RochesterNew York Supreme Court · 1828

3Cited by18 opinions

  1. Matter of Petition of ButlerNew York Court of Appeals · 1886
  2. Wiggin v. Mayor of New-YorkNew York Court of Chancery · 1841
  3. People Ex Rel. Gas-Light Co. v. . Common CouncilNew York Court of Appeals · 1879
  4. In the Matter of Comrs. Wash. ParkNew York Court of Appeals · 1874
  5. Feiten v. City of MilwaukeeWisconsin Supreme Court · 1879

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