Platt v. Stewart
New York Supreme Court
This was an action of ejectment brought by the plaintiff to recover the possession of two lots of ground situate on the easterly side of the eighth avenue, between Fortieth and Forty-first-streets, in the city of New-York, and came onto be tried before his Honor Justice Oakley, on the 22d of February, 1844. On the trial the counsel for the defendant admitted that the defendant was in possession of the premises in question, at the time of the commencement of this suit.
Read the full summary
This was an action of ejectment brought by the plaintiff to recover the possession of two lots of ground situate on the easterly side of the eighth avenue, between Fortieth and Forty-first-streets, in the city of New-York, and came onto be tried before his Honor Justice Oakley, on the 22d of February, 1844. On the trial the counsel for the defendant admitted that the defendant was in possession of the premises in question, at the time of the commencement of this suit. The counsel for the plaintiff then read in evidence a lease from the mayor, aldermen and commonalty of the city of New-York,…
1Opinion of the Court
By the Court, Edmonds, P. J.
I agree with the court below in both the positions assumed in its charge to the jury.
I. The assessment roll was not such as was required by law. The statute requires that it should be certified by the assessors to the common council. There is no evidence in the case-that it ever was so certified, nor any that the assessment confirmed by the common council, was the act of the assessors. It wanted every evidence of authenticity. For aught that appears, the assessment which they did confirm, may have been made by persons having no authority, nor acting pursuant to law…
2Cited by5 opinions
- Mann v. City of UticaNew York Supreme Court · 1872
- In re TappenNew York Supreme Court · 1869
- Dubois v. WebsterNew York Supreme Court · 1876
- Matthews v. Mayor of New YorkNew York Supreme Court · 1860
- Mutual Life Insurance v. SageNew York Supreme Court · 1886