The City of Watertown v. Fairbanks

Full title: THE CITY OF WATERTOWN, Respondent, v . JASON FAIRBANKS, Appellant

Court: Court of Appeals of the State of New York

Date published: May 1, 1875

65 N.Y. 588 (N.Y. 1875)

Opinion

Submitted September 29, 1874

Decided May term, 1875

D. O'Brien for the appellant.

M.H. Merwin for the respondent.

LOTT, Ch. C., reads for reversal; GRAY and DWIGHT, CC., concur in result on ground that section 38 of the amendatory act of 1871, so far as it relates to the confirmation of assessments, is void, being in contravention of section 16, article 3, of the State Constitution.

EARL, C., reads for affirmance; REYNOLDS, C., concurs

Judgment reversed and new trial granted.