Matter of Henneberger
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 24, 1898, reversing an order of Special Term which granted an application of the petitioners for the appointment of commissioners to widen and improve a portion of a highway in the town of New Rochelle. The facts, so far as material, are stated in the opinion. This act does not violate section 10 of article 8 of the Constitution.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 24, 1898, reversing an order of Special Term which granted an application of the petitioners for the appointment of commissioners to widen and improve a portion of a highway in the town of New Rochelle. The facts, so far as material, are stated in the opinion. This act does not violate section 10 of article 8 of the Constitution. (People ex rel. v. Banks, 67 N. Y. 568.) The act does not violate section 18 of article 3 of the Constitution because of the exemption of the county…
1Opinion of the CourtGray, J.
This is an appeal from an order of the Appellate Division, in the Second Department, reversing an order made at the Special Term; which granted an application of the petitioners for the appointment of commissioners to widen and improve a portion of a highway in the town of 27ew Rochelle.
The application was opposed by the town of 27ew Rochelle, the village of 27ew Rochelle and a taxpayer of the town, upon the ground that the act, under which the proceeding was instituted, was unconstitutional. The claim of its unconstitutionality was based upon the repugnancy of its provisions to section 18 of…
2Cases cited3 opinions
- In the Matter of the Application of ChurchNew York Court of Appeals · 1883
- Matter of BurnsNew York Court of Appeals · 1898
- People Ex. Rel. Morrill v. Board of SupervisorsNew York Court of Appeals · 1889
3Cited by56 opinions
- Kittinger v. . Buffalo Traction Co.New York Court of Appeals · 1899
- In Re the Transfer Tax Upon the Estate of PellNew York Court of Appeals · 1902
- Matter of McAneny v. . Bd. of Estimate, Etc.New York Court of Appeals · 1922
- St. John v. Andrews Institute for GirlsNew York Court of Appeals · 1908
- Admiral Realty Co. v. . City of New YorkNew York Court of Appeals · 1912
51 more not listed; retrieve them via the Exa API.