Scudder v. . Mayor, Etc., of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 15, 1894, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The assessment, although illegal in fact, was not illegal and void upon the face of the record thereof.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made June 15, 1894, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The assessment, although illegal in fact, was not illegal and void upon the face of the record thereof. (Tripler v. Mayor, etc., 125 N. Y. 617; People ex rel. v. Assessors, 99 id. 683 ; Laws of 1871, chap. 574, § 6; Laws of 1861, chap. 308; In re Bassford, 50 N.…
1Opinion of the CourtPeokham, J.
The plaintiffs commenced this action in Hovember, 1891. They allege that an assessment was levied upon their property for the purpose of obtaining payment of its proportion of the expenses of macadamizing One Hundred and Forty-fifth street with a Telford Macadamized roadway from Seventh avenue to the Boulevard. They allege that the assessment was void for the reason that the work was done by day’s work without proper authority from the common council to thus do it, and that such invalidity would not appear upon the face of the proceedings and required evidence extrinsic therefrom in order to…
2Cases cited3 opinions
- In Re the Emigrant Industrial Savings BankNew York Court of Appeals · 1878
- Lennon v. . Mayor, Etc., of N.Y. CityNew York Court of Appeals · 1874
- Mayer v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1886
3Cited by8 opinions
- Adrico Realty Corp. v. City of New YorkNew York Court of Appeals · 1928
- City of Chickasha v. O'BrienSupreme Court of Oklahoma · 1915
- Poth v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Appeals · 1896
- In re HagemeyerAppellate Division of the Supreme Court of the State of New York · 1906
- McCall v. City of RochesterNew York Supreme Court · 1904
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