New England Reporter; All Cases Determined in the Courts of Last Resort, as Follows

New England Reporter; All Cases Determined in the Courts of Last Resort, as Follows : Maine, Supreme Judicial Court. New Hampshire, Supreme Court. Vermont, Supreme Court. Massachusetts, Supreme Judicial Court. Rhode Island, Supreme Court.

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1887 edition. Excerpt: ...have no more efiect than any other form of acknowledgment, by 'reason of its being under seal. If it were an obligation under seal, it could of course be enforced as such for the ordinary term of such obli ations; but as a mere acknowledgment of a (le t, for the purpose of saving it from the operation of the Statute of Limitations, it can have no additional effect from the fact. that it is under seal. There is no error in the judgment complained of. In this opinion the other Judges concurred. By the charter, the members of the court of common council of the city Of Bridgeport lawfully assembled have ower to make a. valid assessment or benefits accruin from the pavement of a. street; an the vote of the council to adopt the apportionment recommended by a committee, although such report may be nothing more than an expression of opinion by individuals without authority, constitutes an order or decree fixing the amount assessed. Whether that which went before was valid or void is of no moment. The assessment came into existence by virtue of the creative power of the vote adopting the apportionment. CASE reserved. Demurrer to the complaint sustained. Complaint for the annulment of an assessment for benefits accruing from the pavement of a street of the defendant city. The facts material to the question decided ap ar from the opinion.. essrs. Stoddard. Bishop, & Haviland, for plaintiff: The charter and ordinances ( 36, p. 33; 39, p. 37; 1. p.38; 40, p.87), particularly and speciflcally direct in what manner and by whom the benefits arising in cases similar to the present shall be assessed. The charter says that the common council, by themselves, or by a committee appointed by them for that purpose, more

Product details

  • Paperback | 864 pages
  • 189 x 246 x 43mm | 1,510g
  • United States
  • English
  • black & white illustrations
  • 123677101X
  • 9781236771018