82 N.Y. 142 | NY | 1880
The Mahan case went against the appellant upon the single ground that the provisions of the statute, under which the proceedings there brought in question were instituted, had not been complied with. It appeared that the price allowed for certain rock excavation, to be made in the course of the improvement, was fixed by the commissioner, and so that portion of the work withheld from competition. The *144
same fact exists here. It is claimed, however, by the learned counsel for the appellant that "in view of the uniform course of public officers in interpreting the law, it should be assumed that the course adopted was proper;" and in support of this position he cites Dayton's case (
There might be force in the appellant's argument, based upon delay of the property owner in moving to vacate the assessment, but this is a special proceeding (Matter of Jetter,
The order appealed from should be affirmed, with costs.
All concur. FOLGER. Ch. J., on authority of In re Robbins.
Order affirmed.