New York Court of Appeals, 1880

Wells v. . the City of Buffalo

Wells v. . the City of Buffalo
New York Court of Appeals · Decided February 24, 1880 · Rapallo
80 N.Y. 253; 1880 N.Y. LEXIS 91
Wells v. . the City of Buffalo

Cases that cite this one

6 later published cases cite this decision.

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Opinion of the Court

Rapallo, J.

The sole ground upon which the assessment complained of is sought to be set aside being that the act authorizing it is unconstitutional, this action cannot be maintained. If the act is unconstitutional no assessment imposed *254 under it can be a cloud upon the plaintiffs’ title. It is void upon its face. If the act is constitutional the assessment is valid. In either case, therefore, the complaint was properly dismissed. (Stewart v. Palmer, 74 N. Y., 183.)

The judgment should be affirmed, with costs.

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