In re Kendall — 83 N.Y. 612

Majority

p. 612

In the Matter of the petition of Daniel R. Kendall, to Vacate an Assessment.

(Argued November 30, 1880;

decided December 21, 1880.)

Headnote

This was an appeal from an order of General Term, affirm

p. 613

ing an order of Special Term vacating an assessment for under-ground drains.

The facts were similar to those in In re Cheesebrough ( 78 N. Y. 232 ); and the case was decided upon the authority of that case and of In re Van Buren ( 79 N. Y. 384 ).

William C. Whitney for appellant.

Alexander B. Johnson for respondent.

Folger, Ch. J., read for affirmance.

All concur, except Miller, J., not voting.

Order affirmed.

Cases cited

In re Cheesebrough 78 N. Y. 232 N.Y. 1879-09-17 p. 613
In re Van Buren 79 N. Y. 384 N.Y. 1880-01-13 p. 613