Kelly v. Wheeler — 21 N.Y. St. Rep. 311

Majority

p. 311

Hugh D. Kelly, Resp’t, v. George S. Wheeler and Others, App’lts.

(Supreme Court, General Term, Second Department,

Filed December 10, 1888.)

Headnote

Taxes and assessments—Constitutional law—Arrears law of Brooklyn CONSTITUTIONAL—LAWS 1883, CHAP. 114.

The act, Laws 1883, chapter 114, commonly known as the Arrears Law of Brooklyn, is constitutional. Following Terrill v. Wheeler, 17 N. Y. State Rep., 731.

Appeal from a judgment rendered upon a verdict of a jury at a circuit court of Kings county.

A. H. and W. E. Osborn, for app’lts; Hurd & Chain, for resp’t.

So far as it can be done by this general term, the constitutionality of the act of 1883, chapter 114, was settled by the case of Terrill v. Wheeler (17 N. Y. State Rep., 731), decided June, 1888. We are bound by that decision, and it requires the affirmance of the judgment appealed from.

It is argued by appellants that the notices proved are not sufficiently specific in describing the lands affected, and the -owners of the lands.

We are not of that opinion, and must affirm the judgment.

All concur.