Spencer v. Merchant
Citations
- 125 U.S. 345
- 8 S. Ct. 921
- 31 L. Ed. 763
- 1888 U.S. LEXIS 1937
Syllabus
<p>A judgment of the highest court of a State, sustaining the validity of an assessment upon lands under a statute of the State, which was alleged to be \\mconstitutional and void because it afforded to the owners no opportunity -to be heard upon the whole amount of the assessment, involves a decision against a right claimed under the provision of the Fourteenth Amendment to the Constitution of the United States prohibiting the taking of property without due process of law, and may be reviewed by this court on writ of error, although the Constitution of the State contains a similar provision, and no constitutional provision is specifically mentioned in the record of the State court.</p> <p>If the legislature of a State', in the exerfcise of its power of taxation, directs the expense-of laying out, grading or repairing a street to be assessed upon the owners of lands -benefited thereby; and determines the whole amount of the .tax, and what lands, which might be so benefited, are in fact benefited; and provides for notice to and hearing of each owner, at some stage of the proceedings, upon the question what proportion of the tax shall be assessed upon his land; there is no taking of his property without due process of'law, in violation of the Fourteenth Amendment to the Constitution of the United' States.-</p> <p>Pursuant to an act of the legislature of New York, the expense of grading a street .was assessed by commissioners upon the lands lying within three hundred feet on either side of the street, and which would, in the judgment of commissioners, be benefited. After the sums so-assessed upon some lots had been paid, the Court of Appeals of the State adjudged the assessment to be void, because the act made no provision for notice to or hearing of the. land-owners. .The legislature then passed another act, directing a sum equal .to so much of the first assessment as had not been paid, adding a proportional part of the expenses of making that assessment, and interest
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- hearing as to certain matters may be required depending on circumstances
- hearing as to certain matters may be required depending on circumstances
Source: CourtListener parenthetical corpus (CC0).
Judges: Gray, Matthews, Hablan
Read full opinion on CourtListenerCited by
160 cases in this archive cite this case; the 20 most cited are listed.
- Bauman v. RossSupreme Court· 1897-05-24· cited 467×
- Norwood v. BakerSupreme Court· 1898-12-12· cited 447×
- French v. Barber Asphalt Paving Co.Supreme Court· 1901-04-29· cited 303×
- Houck v. Little River Drainage DistrictSupreme Court· 1915-11-29· cited 264×
- Louisville & Nashville Railroad v. Barber Asphalt Paving Co.Supreme Court· 1905-04-03· cited 176×
- Williams v. EgglestonSupreme Court· 1898-05-02· cited 153×
- Paulsen v. PortlandSupreme Court· 1893-04-17· cited 152×
- Phillip Wagner, Inc. v. LeserSupreme Court· 1915-11-29· cited 132×
- Lainhart v. CattsSupreme Court of Florida· 1917-03-29· cited 129×
- Winona & St. Peter Land Co. v. MinnesotaSupreme Court· 1895-11-11· cited 112×
- Walston v. NevinSupreme Court· 1888-12-17· cited 107×
- Hibben v. SmithSupreme Court· 1903-11-30· cited 92×
- Milheim v. Moffat Tunnel Improvement DistrictSupreme Court· 1924-06-11· cited 90×
- Branson v. BushSupreme Court· 1920-01-05· cited 89×
- Hancock v. City of MuskogeeSupreme Court· 1919-06-09· cited 77×
- Milheim v. Moffat Tunnel Improvement DistrictSupreme Court of Colorado· 1922-11-22· cited 57×
- Merchants’ and Manufacturers’ Bank v. PennsylvaniaSupreme Court· 1897-05-24· cited 52×
- Carleton v. RuggMassachusetts Supreme Judicial Court· 1889-09-03· cited 51×
- Davies v. City of Los AngelesCalifornia Supreme Court· 1890-09-15· cited 49×
- Martin v. TylerNorth Dakota Supreme Court· 1894-09-11· cited 49×
Cites
9 cases in this archive are cited by this case.
- Hagar v. Reclamation District No. 108Supreme Court· 1884-05-05· cited 543×
- Stuart v. . PalmerNew York Court of Appeals· 1878-06-18· cited 406×
- McMillen v. AndersonSupreme Court· 1877-10-22· cited 158×
- Murray v. CharlestonSupreme Court· 1878-04-18· cited 141×
- Bridge Proprietors v. Hoboken Co.Supreme Court· 1864-02-18· cited 79×
- Weismer v. . Village of DouglasNew York Court of Appeals· 1876-02-01· cited 67×
- Chicago Life Insurance v. NeedlesSupreme Court· 1885-03-02· cited 66×
- Willard v. PresburySupreme Court· 1870-03-18· cited 29×
- Towle v. ForneyNew York Court of Appeals· 1856-07-01· cited 11×
Sourced from CourtListener / Free Law Project (CC0).
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