Smadbeck v. City of Mount Vernon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the City of Mount Vernon, from a.n •order of the Supreme Court, made at the Westchester Special Term and. entered in the office of the clerk of the county of Westchester on the 6th day of July, 1907, denying the defendant’s motion to vacate a judgment- theretofore entered in this action in favor of the plaintiff.
1Opinion of the Court
J'enks, J.:
I think that this appeal should be decided upon a point not directly raised or- discussed by either of the learned counsel. It. appears that an assessment for regulating, grading arid improving otherwise a street in the city of Mount Vernon had been laid and apportioned pursuant to the statutory procedure prescribed therefor upon certain lands benefited, including land owned by the *516plaintiff. The plaintiff brought this action to have the assessment against his property vacated and adjudged illegal and void, and complained that part of the work of improvement was unlawful and…
2Cases cited7 opinions
- Newell v. . WheelerNew York Court of Appeals · 1872
- Bellinger v. . GrayNew York Court of Appeals · 1873
- City of Somerville v. DickermanMassachusetts Supreme Judicial Court · 1879
- Providence Retreat v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1898
- Boylston Market Ass'n v. City of BostonMassachusetts Supreme Judicial Court · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- City of Dallas v. BergfieldCourt of Appeals of Texas · 1922
- In re the Arbitration between Concrete Steel & Tile Construction Co. & GreenNew York Supreme Court · 1909
- Opn. No., New York Attorney General Reports1976