A Digest of All Railroad and Corporation Decisions of the Federal Courts, and the Courts of the Several States and Territories, Together with Important English Decisions Volume 1
A Digest of All Railroad and Corporation Decisions of the Federal Courts, and the Courts of the Several States and Territories, Together with Important English Decisions Volume 1
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 Excerpt: ...is that it was made under a mistake of fact, and it is not charged that there was any fraud or application of an illegal principal of assessment, the objector, to prevail, must show a mistake of fact. Minn. Supreme Ct., State ex rel. Powell e. Dist. Court of Ramsey County, 50 N. W. Rep. 476. Plaintiff graded a street ...
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 Excerpt: ...is that it was made under a mistake of fact, and it is not charged that there was any fraud or application of an illegal principal of assessment, the objector, to prevail, must show a mistake of fact. Minn. Supreme Ct., State ex rel. Powell e. Dist. Court of Ramsey County, 50 N. W. Rep. 476. Plaintiff graded a street in the city of K. under a contract, one of the specifications of which was that the earth excavated therefrom should be used in filling up other streets. The property holders on the street excavated were assessed for the improvements thereon, but the owners on the other streets were not. No fraud upon the part of the municipal authorities was shown. Held, that the property owners assessed could not resist the collection by plaintiff of the assessment; a general ordinance providing that where the excavation in a particular grading shall be more than is necessary for the work the municipal authorities may, in their discretion, use the surplus material on other streets. 32 Mo. App. 497, reversed. Mo. Supreme CT., Kansas City Grading Co. e. Holden, 17 S. W. Rep. 798. A city charter provided that the common council should fix the amount of local assessments for street improvements: that the board of assessors should assess the whole amount oi the parcels of land benefited in proportion to such benefit; and that, unless the contrary was made to appear, it should be presumed that every assessment made was valid and regular. Held, that where an assessment was in excess of the proportionate benefits, but there was no claim that any land benefited was not assessed, nor that there was any fraud in making the assessment, it could not be attacked by suit to restrain its collection. N. Y. C. of App., Haffeld c. City of Buffalo, 29 N. E. Rep. 747. Though the ...
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