Hoffmeyer v. Reed

The opinion of the court was delivered by

West, J.:

The plaintiffs sued to enjoin the collection of a sewer tax. The defendants prevailed. The only question involved is whether the suit was begun before the expiration of thirty days from the time the amount due on each lot liable for assessment was ascertained, as provided by section 1 of chapter 124 of the Laws of 1911. The plaintiffs contend that the ascertainment dates from the actual publication of the ordinance levying .the tax. The defendants insist that it dates from the actual ascertainment or decision by the city as to the amount each…