People Ex Rel. Howlett v. Mayor & Common Council
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, vacating and setting aside an assessment for the expense of opening and extending an alley through a block in the city of Syracuse, the proceedings in reference whereto were brought up for review by certiorari. (Reported below, 2 Hun, 433.) Three commissioners were appointed to award damages and assess the expenses of the improvement, as prescribed by the city charter.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, vacating and setting aside an assessment for the expense of opening and extending an alley through a block in the city of Syracuse, the proceedings in reference whereto were brought up for review by certiorari. (Reported below, 2 Hun, 433.) Three commissioners were appointed to award damages and assess the expenses of the improvement, as prescribed by the city charter. A former assessment was set aside upon certiorari, and before the reassessment one of the commissioners died. The surviving…
1Opinion of the CourtAndbews, J.
The proceedings for assessing the expense incurred in opening and extending the alley upon the property of the relators and others benefited by the improvement are assailed and their validity is questioned upon several grounds: 1st. That one of the two commissioners who made the assessment was at the time of his appointment and of the assessment a trustee of the Presbyterian church, a religious corporation owning a lot on which a church edifice was erected which was liable to assessment, and that he was therefore incompetent to act by reason of interest. 2d. That the power to make the…
2Cases cited2 opinions
- The People Ex Rel. v. . NostrandNew York Court of Appeals · 1871
- In re WilliamNew York Supreme Court · 1839
3Cited by24 opinions
- Matter of City of New York (Juniper Ave.)New York Court of Appeals · 1922
- In the Matter of the Petition of MerriamNew York Court of Appeals · 1881
- Matter of City of RochesterNew York Court of Appeals · 1913
- City of Naperville v. WehrleIllinois Supreme Court · 1930
- Ballard v. City of CharlotteSupreme Court of North Carolina · 1952
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