New York Court of Appeals September 24, 1869 (Litchfield v. . Vernon)

Grover, J.

The question whether the act of 1859, chap. 484 of Laws, page 484, is constitutional and void, depends upon the inquiry whether the assessments thereby authorized are made in the exercise of the taxing power of the State or in that of eminent domain. If the former, the counsel of the appellant concedes them to be valid. See

People

v.

Mayor of Brooklyn

(4 Comst.