People ex rel. Potter v. Smith — 216 N.Y. 650

Majority

p. 650

The People of the State of New York ex rel. George C. Potter, Appellant, v. Clarence W. Smith, as Mayor of the City of Johnstown, et al., Respondents.

Headnote

People ex rel. Potter v. Smith, 169 App. Div. 906 , reversed.

(Argued September 30, 1915;

decided October 19, 1915.)

Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered JuneJ, 1915, which confirmed on certiorari an assessment made by the city engineer of the city of Johnstown against lands of the relator and a determination of the . common council of said city confirming said assessment.

Anson Getman and Alfred D. Dennison for appellant.

Fred Linus Carroll and Edwin Baylies for respondents.

Order of Appellate Division reversed, with costs, and assessment annulled on opinion of Willard Bartlett, Ch. J., in People ex rel. Empie v. Smith ( 216 N. Y. 95 ).

Concur: Willard Bartlett, Ch. J., Chase, Collin, Cuddeback, Hogan, Seabury and Pound, JJ.

Cases cited

People ex rel. Empie v. Smith 216 N. Y. 95 N.Y. 1915-10-19 p. 650