Howell v. City of Buffalo
New York Court of Appeals
Stephen W. Howell commenced this action in February, 1862, in the superior court of Buffalo, on behalf of himself and such others as should come in, &c.
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Stephen W. Howell commenced this action in February, 1862, in the superior court of Buffalo, on behalf of himself and such others as should come in, &c. The complaint alleged that Howell was owner of land on Hiagara-street; that a petition had been presented to the common council by petitioners averring themselves liable to be assessed therefor, asking to have the street graded and paved, and crosswalks across the same, and sluices, sewers, and receivers, &c., constructed; that annexed to the petition was the following certificate of the city assessors: " Certificate of assessors. "Proposed…
1Opinion of the Court 1
*415By the Court.
Marvin, J.
[After stating the facts, and disposing of another question.]
There is, however, another question in the case: Can the plaintiffs maintain this action ? Were they entitled to the remedy resorted to, and the judgment given ? The want of jurisdiction is patent in this case. It appears upon the face of the papers upon which the common council acted and assumed jurisdiction.
The remedy by a common law certiorari is ample in this case for each of the plaintiffs; and when this remedy clearly exists, a court ot equity will not entertain jurisdiction. Mayor of Brooklyn v.…
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2Cases cited6 opinions
- Mayor of Brooklyn v. MeseroleNew York Supreme Court · 1841
- West v. Mayor of New-YorkNew York Court of Chancery · 1844
- Bouton v. City of BrooklynNew York Supreme Court · 1853
- Allen v. . City of BuffaloNew York Court of Appeals · 1868
- Baldwin v. City of BuffaloNew York Supreme Court · 1859
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