City of Elizabeth v. Shirley
Supreme Court of New Jersey
On t,he 27fch of April, 1874, the city of Elizabeth caused an assessment to be made for the cost and expenses of paving Jefferson avenue. This assessment was laid on a lot on Jefferson avenue owned by George R. Hill, in common with other lands fronting on the avenue. Hill’s lot was assessed in the sum of $1,211.76. In June, 1874, a writ of certiorari was sued out by owners of other lands, which removed the assessment to the supremo court.
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On t,he 27fch of April, 1874, the city of Elizabeth caused an assessment to be made for the cost and expenses of paving Jefferson avenue. This assessment was laid on a lot on Jefferson avenue owned by George R. Hill, in common with other lands fronting on the avenue. Hill’s lot was assessed in the sum of $1,211.76. In June, 1874, a writ of certiorari was sued out by owners of other lands, which removed the assessment to the supremo court. On the 14th of October, 1874, and during the pendency of the writ of certiorari, Hill paid the assessment laid on his lot. On February 27th, 1875, judgment…
1Opinion of the Court
*519The opinion of the court was delivered by
Depue, J.
If the complainant’s right to relief rested solely on the fact that these assessments were laid on her lands for an improvement made before she became owner, her bill would be without support. The common council has power to make a new assessment in case a former assessment is set aside by reason of in-formalities or irregularities. P. L. of 1870 p. 758 § 13. In State, ex rel. Davis, v. Newark, reported in connection with State, ex rel. Doyle, v. Newark, 5 Vr. 236, an assessment had been set aside on certiorari, and an act of the legislature…
2Cited by2 opinions
- Cliffside Park Mortgage Co. v. EnglewoodNew Jersey Court of Chancery · 1933
- Lenape B. L. Assn. v. ElizabethNew Jersey Court of Chancery · 1942