Patterson v. Mayor of New York
New York Court of Chancery
The complainant filed his bill in this cause for relief against an order of the Supreme Court, made in August term, 1827, confirming the report of commissioners of estimate and assessment, in relation to the improvement of Herring street, between Christopher and Amos streets, in the ninth ward of the city of New York.
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The complainant filed his bill in this cause for relief against an order of the Supreme Court, made in August term, 1827, confirming the report of commissioners of estimate and assessment, in relation to the improvement of Herring street, between Christopher and Amos streets, in the ninth ward of the city of New York. He complained that after the commissioners had deposited a copy of their report in the clerk’s office, agreeably to the provisions of the 182d section of the act of the 9th of April, 1813, (2 Rev. Laws, 417,) in which he was allowed $500 for his damages, they reduced that…
1Opinion of the Court
The Chancellor Two questions arise in this cause, which it may be necessary to consider. 1st. Was there any irregularity in the proceedings complained of? 2d. If there was irregularity, has this court jurisdiction to stay the proceedings of the corporation by injunction? The cases of Leroy v. The Mayor, Aldermen and Commonalty of the city of New York, (4 John. Ch. Rep. 352,) and Mooers v. Smedley, (6 John. Ch. Rep. 28,) conclusively settle the principle, that this court is not authorized to review the proceedings on the merits.
The alleged irregularity is, that the commissioners altered *116the…
2Cited by9 opinions
- Matter of RyersNew York Court of Appeals · 1878
- Head v. Amoskeag Manufacturing Co.Supreme Court of the United States · 1885
- Lent v. TillsonCalifornia Supreme Court · 1887
- State ex rel. Utick v. Board of County CommissionersSupreme Court of Minnesota · 1902
- Livingston v. HollenbeckNew York Supreme Court · 1847
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