In the Matter of Manhattan Savings Inst'n.

New York Court of Appeals

In the Matter of Manhattan Savings Inst'n.

82 N.Y. 142, 1880 N.Y. LEXIS 337

CourtNew York Court of Appeals

DecidedSeptember 21, 1880

StatusPublished

Cited by13 cases

This text of 82 N.Y. 142 (In the Matter of Manhattan Savings Inst'n.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In the Matter of Manhattan Savings Inst'n., 82 N.Y. 142, 1880 N.Y. LEXIS 337 (N.Y. 1880).

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Opinion

Danforth, J.

The Mahan case went against the appellant upon the single ground that the provisions of the statute, under which the proceedings there brought in question were instituted, had not been complied with. 'It appeared that the price allowed for certain rock excavation, to be made in the course of the improvement, was fixed by the commissioner, and so that portion of the work withheld from competition. The *144 same fact exists here. It is claimed, however, by the learned counsel for the appellant that “ in view of the uniform course of public officers in interpreting the law, it should be assumed that the course adopted was proper; ” and in support of this position he cites Dayton's case (55 N. Y. 367). The construction upheld was that which had been given to the statute there under consideration by the legislature, the makers of the law. It has no application where, as in this instance, the construction is given by the party whose duty it was to obey the law; and Mahan's ease must control.

There might he force in the appellant’s argument, based upon delay of the property owner in moving to vacate the assessment, but this is a special proceeding (Matter of Jetter, 78 N. Y. 601); it was commenced within the time limited by statute (Code, §§ 388, 414), and by that rule must be governed.. The order appealed from should be affirmed, with costs.

All concur. Folg-er. Ch. J., on authority of In re Robbins,

Order affirmed.

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Danforth, J.

The Mahan case went against the appellant upon the single ground that the provisions of the statute, under which the proceedings there brought in question were instituted, had not been complied with. 'It appeared that the price allowed for certain rock excavation, to be made in the course of the improvement, was fixed by the commissioner, and so that portion of the work withheld from competition. The *144 same fact exists here. It is claimed, however, by the learned counsel for the appellant that “ in view of the uniform course of public officers in interpreting the law, it should be assumed that the course adopted was proper; ” and in support of this position he cites Dayton's case (55 N. Y. 367). The construction upheld was that which had been given to the statute there under consideration by the legislature, the makers of the law. It has no application where, as in this instance, the construction is given by the party whose duty it was to obey the law; and Mahan's ease must control.

There might he force in the appellant’s argument, based upon delay of the property owner in moving to vacate the assessment, but this is a special proceeding (Matter of Jetter, 78 N. Y. 601); it was commenced within the time limited by statute (Code, §§ 388, 414), and by that rule must be governed.. The order appealed from should be affirmed, with costs.

All concur. Folg-er. Ch. J., on authority of In re Robbins,

Order affirmed.

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82 N.Y. 142, 1880 N.Y. LEXIS 337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-matter-of-manhattan-savings-instn-ny-1880.

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