77 N.Y. 170 | NY | 1879
The object of the application to vacate the assessment was to remove the lien created thereby. (Chap. 338, S.L. 1858, § 2.) The statute cited is only applicable when the lien actually exists. As the assessment had been paid before the application and had ceased to exist, it would be inconsistent with the purpose of the act to grant the application. There was no assessment upon which the order of the court could operate and hence the applicant was not aggrieved. *171
The case of Peyser v. The Mayor (
The order should be affirmed.
All concur.
Order affirmed.