J. & A. McKechnie Brewing Co. v. Trustees of the Village of Canandaigua
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The J. & A. McKechnie Brewing Company, from a judgment of the Supreme Court in favor of the defendants,'entered in the office of the clerk of the county of Ontario on on the 26th day of June, 1895, upon the report of a referee. This appeal was transferred from the fourth department to the third department.
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Appeal by the plaintiff, The J. & A. McKechnie Brewing Company, from a judgment of the Supreme Court in favor of the defendants,'entered in the office of the clerk of the county of Ontario on on the 26th day of June, 1895, upon the report of a referee. This appeal was transferred from the fourth department to the third department. This action was brought to vacate an assessment and tax upon the real estate of the plaintiff made and levied for alleged benefits thereto because of the construction by the trustees of the village of Canandaigua of what is known as the “West Side Sewer,” and to…
1Dissent
Herrick, J. (dissenting) :
I dislike to dissent from the conclusion arrived at by the majority of the court, but it seems to me that the plaintiff should be compelled to resort to the remedy provided by statute, otherwise complete justice cannot be done; by permitting the maintenance of actions of this kind, where the statute provides a summary remedy by which an assessment can be vacated or corrected, persons will be allowed to escape payment of any part of the expense of public improvements by which they are benefited, whereas, by proceeding *152under the statute, if there is anything improper…
2Cases cited10 opinions
- Hunt v. . HuntNew York Court of Appeals · 1878
- Hassan v. . City of RochesterNew York Court of Appeals · 1876
- McQuigan v. Delaware, Lackawanna & Western R. R.New York Court of Appeals · 1891
- Crooke v. . AndrewsNew York Court of Appeals · 1869
- Miller v. . City of AmsterdamNew York Court of Appeals · 1896
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