Wells v. . the City of Buffalo

New York Court of Appeals

Wells v. . the City of Buffalo

80 N.Y. 253, 1880 N.Y. LEXIS 91

CourtNew York Court of Appeals

DecidedFebruary 24, 1880

StatusPublished

Cited by6 cases

This text of 80 N.Y. 253 (Wells v. . the City of Buffalo) 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

Wells v. . the City of Buffalo, 80 N.Y. 253, 1880 N.Y. LEXIS 91 (N.Y. 1880).

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Opinion

Rapallo, J.

The sole ground upon which the assessment complained of is sought to be set aside being that the act authorizing it is unconstitutional, this action cannot be maintained. If the act is unconstitutional no assessment imposed *254 under it can be a cloud upon the plaintiffs’ title. It is void upon its face. If the act is constitutional the assessment is valid. In either case, therefore, the complaint was properly dismissed. (Stewart v. Palmer, 74 N. Y., 183.)

The judgment should be affirmed, with costs.

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Rapallo, J.

The sole ground upon which the assessment complained of is sought to be set aside being that the act authorizing it is unconstitutional, this action cannot be maintained. If the act is unconstitutional no assessment imposed *254 under it can be a cloud upon the plaintiffs’ title. It is void upon its face. If the act is constitutional the assessment is valid. In either case, therefore, the complaint was properly dismissed. (Stewart v. Palmer, 74 N. Y., 183.)

The judgment should be affirmed, with costs.

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Bluebook (online)

80 N.Y. 253, 1880 N.Y. LEXIS 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-the-city-of-buffalo-ny-1880.

Opinion

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