Murray v. Graham

Citations

• 6 Paige Ch. 622
• 1837 N.Y. LEXIS 206
• 1837 N.Y. Misc. LEXIS 52

Syllabus

<p>The purchaser of lots in the city of New-York bounded upon one of the public streets, as laid down upon the commissioners’ map and plan of the city, is not liable to be assessed for the purpose of compensating the vendor for the lands afterwards taken by the corporation for the purpose of opening such street. But he must insist upon his right of exemption from assessment forthat purpose before the commissioners of estimate and assessment, and if they improperly decide against him he must oppose the confirmation of their report by the supreme court.</p> <p>Where a party who is improperly assessed for the opening of a street in the city of New-York has an adequate remedy at law against such assessment, by opposing the confirmation of the report of the commissioners, if he neglects to avail himself of such remedy, the court of chancery has no jurisdiction to grant him relief.</p> <p>Errors of the commissioners of estimate and assessment, upon the opening of streets in the city of New-York, cannot be corrected by a collateral suit in chancery, except in cases where no adequate relief could be had in the mode pointed out and prescribed by the statute.</p> <p>Where it is perfectly apparent from the complainant’s bill that he is neither entitled to relief or discovery as against one of the defendants, such defendant should demur to the bill in the first instance. And if he puts in an answer unnecessarily, where it is clear that a demurrer to the whole bill may be sustained upon the merits, the court may refuse to allow him the extra costs of such answer.</p>