Broughton v. City of Mount Vernon

Appellate Division of the Supreme Court of New York

Broughton v. City of Mount Vernon

112 A.D. 892, 97 N.Y.S. 1129

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1906

StatusPublished

This text of 112 A.D. 892 (Broughton v. City of Mount Vernon) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Broughton v. City of Mount Vernon, 112 A.D. 892, 97 N.Y.S. 1129 (N.Y. Ct. App. 1906).

Pincite

Opinion

We find no. statutory authority for the interposition of a demurrer to a petition in a special proceeding to vacate an assessment for a local improvement. The demurrer was equivalent to a preliminary objection taken to the consideration,of the petition on the merits. The order appealed from does riot determine the rights of- the parties, and while it is probably irregular, no substantial right of the appellant will be affected until the final order contemplated .in the statute

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We find no. statutory authority for the interposition of a demurrer to a petition in a special proceeding to vacate an assessment for a local improvement. The demurrer was equivalent to a preliminary objection taken to the consideration,of the petition on the merits. The order appealed from does riot determine the rights of- the parties, and while it is probably irregular, no substantial right of the appellant will be affected until the final order contemplated .in the statute

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Bluebook (online)

112 A.D. 892, 97 N.Y.S. 1129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/broughton-v-city-of-mount-vernon-nyappdiv-1906.