Eno v. Mayor of New York — 16 N.Y. St. Rep. 1014

Majority

p. 1014

AMOS R. ENO, App’lt, v. MAYOR, etc., Resp’ts.

Headnote

Taxes and assessments—When void.

Appeal from judgment dismissing the complaint after trial at special term. David D. Acker, for app’lt; G. L. Sterling, for resp’ts.

We are unahle to distinguish this case from that of In the Matter of the Emigrants Industrial Savings 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, upon its face, no action was necessary to set it aside, and the six years’ statute applied.

Judgment affirmed, with costs.