People v. Mayor of Brooklyn
New York Supreme Court
Certiorari to the mayor and common council of the city of Brooklyn, to remove certain proceedings had and taken by them in constructing a sewer in De Kalb avenue and Raymond-street in Brooklyn, and in assessing the expense thereof, and in confirming the assessment for the same. The respondents, in then return, set forth the various proceedings for the construction of the sewer and the assessment of the expenses, at length.
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Certiorari to the mayor and common council of the city of Brooklyn, to remove certain proceedings had and taken by them in constructing a sewer in De Kalb avenue and Raymond-street in Brooklyn, and in assessing the expense thereof, and in confirming the assessment for the same. The respondents, in then return, set forth the various proceedings for the construction of the sewer and the assessment of the expenses, at length. Among other things not • necessary to refer to, particularly, it appeared from the return that on the 6th of Sept. 1847, a resolution was adopted by the common council…
1Opinion of the Court
By the Court, Barculo, J.
The first objection made to the proceedings of the defendants is founded upon the 6th and 7th sections of article one of the new constitution ; which provide that private property shall not be taken, for public use, without just compensation; and that such compensation shall be ascertained by a jury, or by not less than three commissioners appointed by a court of record, when such compensation is not made by the state. It is contended that the assessment in question is an attempt to take private property for public use, within the meaning of the constitutional…
2Cases cited10 opinions
- Beekman v. Saratoga & Schenectady Rail RoadNew York Court of Chancery · 1831
- Livingston v. MayorCourt for the Trial of Impeachments and Correction of Errors · 1831
- City of Lexington v. McQuillan's HeirsCourt of Appeals of Kentucky · 1839
- In re the Mayor of New-YorkNew York Supreme Court · 1814
- Sutton's Heirs v. City of LouisvilleCourt of Appeals of Kentucky · 1837
5 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
- Sadler v. LanghamSupreme Court of Alabama · 1859
- Williams v. Mayor of DetroitMichigan Supreme Court · 1853
- Town of Macon v. PattyMississippi Supreme Court · 1879
17 more not listed; retrieve them via the Exa API.