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Rogers v. Village of Sandy Hill

94 N.Y. 638 Court N.Y. Decision date 1883-12-11 English

Delivered by Earl, J.,

Contents

Majority

p. 638
Susan A. Rogers, Respondent, v. The Village of Sandy Hill et al., Appellants.
(Argued November 27, 1883;
decided December 11, 1883.)

Headnote

This action was brought to vacate an assessment and to restrain its collection.
The amount of the assessment was $218.70.
The court say: “ The action does not affect the title to real property, or an interest therein. We have, therefore, no jurisdiction to hear this appeal under sections 190 and 191 of the Code. The ease of Nichols v. Voorhis ( 74 N. Y. 28 ) is precisely in point. (See, also, Wheeler v. Scofield, 67 id. 311; Petrie v.
p. 639
Adams, 71 id. 79; Scully v. Sanders, 77 id. 598.) The appeal should be dismissed.”
H. Northrup for appellants.
James C. Rogers for respondent.

reads mem. for dismissal of appeal.

All concur.

Appeal dismissed.

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