Buffalo City Cemetery v. . City of Buffalo
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, reversing a judgment in favor of plaintiff, entered upon - the decision of the court at Special Term, and dismissing plaintiff’s complaint. . This is an action brought by the Buffalo City Cemetery, for the purpose of having declared null an assessment upon its lands, levied by the defendant to defray the expenses of a sidewalk, which the city of Buffalo has caused to be constructed on Main…
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, reversing a judgment in favor of plaintiff, entered upon - the decision of the court at Special Term, and dismissing plaintiff’s complaint. . This is an action brought by the Buffalo City Cemetery, for the purpose of having declared null an assessment upon its lands, levied by the defendant to defray the expenses of a sidewalk, which the city of Buffalo has caused to be constructed on Main street, in said city, and along lands owned' by the plaintiff. In 1868, the common council of the city of Buffalo…
1Opinion of the CourtFolger, J.
The defendant by its charter, is empowered to “ cause * * * sidewalks * * * to be constructed, * * * and the expenses to be assessed upon the real estate of (the) city benefited by such improvement, in proportion to the benefits resulting thereto ” (Laws, 1853, p. 447, chap. 230; 1856, p. 132, chap. 99, §§19, 30, title 8); and “all owners * * * in front of whose premises the common council shall direct sidewalks to be constructed * * * shall make (them) at their own costs; but if not done in the manner and * * * time prescribed, the common council may cause them to be constructed, * * * and…
2Cases cited5 opinions
- Mayor of Baltimore v. Proprietors of Green Mount CemeteryCourt of Appeals of Maryland · 1855
- Orr v. BakerIndiana Supreme Court · 1853
- Trustees of the Illinois & Michigan Canal v. City of ChicagoIllinois Supreme Court · 1851
- Lefevre v. Mayor of DetroitMichigan Supreme Court · 1853
- City of Fairfield v. RatcliffSupreme Court of Iowa · 1866
3Cited by37 opinions
- Illinois Central Railroad v. DecaturSupreme Court of the United States · 1893
- People Ex Rel. Westchester Fire Insurance v. DavenportNew York Court of Appeals · 1883
- City of Atlanta v. First Presbyterian ChurchSupreme Court of Georgia · 1891
- Ford v. Delta & Pine Land Co.Supreme Court of the United States · 1897
- Buffalo Cemetery Assn. v. . City of BuffaloNew York Court of Appeals · 1889
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