Voght v. . City of Buffalo
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made April 16, 1891, which reversed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term and ordered a new trial.
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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made April 16, 1891, which reversed a judgment in favor of defendant entered upon a decision of the court on trial at Special Term and ordered a new trial. This was an- action in equity to set aside assessments against plaintiffs’ property, imposed for repaving Broadway in the city of Buffalo, and to restrain their enforcement, etc., upon the ground of alleged jurisdictional irregularities in the pro- . ceedings by the municipality. The material facts are stated in the…
1Opinion of the CourtGbay, J.
We think the appeal should be sustained. The irregularities alleged were not of such a nature as to invalididate the municipal proceedings; and, furthermore, it does not appear that the plaintiff's have sustained any substantial injury to their property rights. The absence of these elements is fatal to the plaintiffs’ demand for equitable relief.
A review of the proceedings of the municipal officers is necessary to a clear understanding of the situation. The common council of the city was authorized by its charter to repave streets, either upon petition of a majority of the property owners, or…
2Cited by12 opinions
- Weston v. . City of SyracuseNew York Court of Appeals · 1899
- Delaware & Hudson Canal Co. v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1899
- Weston v. City of SyracuseNew York Supreme Court · 1894
- Mansfield v. City of LockportNew York Supreme Court · 1898
- In re PhelpsAppellate Division of the Supreme Court of the State of New York · 1905
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