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Eno v. Mayor

2 N.Y.S. 350 Court N.Y. Gen. Term Decision date 1888-06-19 English

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p. 350
Eno v. Mayor, etc.
(Supreme Court, General Term, First Department.
June 19, 1888.)

Headnote

Trial at special term, with judgment dismissing the complaint. Amos R. Eno appeals.
Argued before Van Brunt, P. J., and Brady and Daniels, JJ.
David D. Acker, for appellant. G. L. Sterling, for respondent.

We are unable to distinguish this case from that of In re Bank, 75 N. Y. 388 . The objectionable language in the two resolutions is the same; and if in the one there was a delegation of power, as the court held, so there is in the other. The assessment was therefore void,—void upon its face,—no action was necessary to set it aside, and the six-years statute applied. Judgment is affirmed, with costs.

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