The Practice in Special Proceedings in the Courts of Record of the State of New York : Under the Code of Civil Procedure And Statutes, With Forms

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Mayor, 1 5 id. 374 ; Ex parte Mayor of A Ibany, 23 id. 277. In reviewing assessments for a sewer the court can- not interfere as to the quantum of benefit to be derived by each lot, but may decide as to the persons to be affected on a proper, construction of the law. Leroy v. Mayor, 20 Johns. 430.
The court will not, on certiorari, vacate proceedings for a 39^ WRIT OF CERTIORARI.
Art. 8. Hearing and Questions to be Determined.
local improvement for an irregularity which does not go to the entir
...e assessment, where there is a sufficient remedy otherwise for irregularity. People v. City of Brooklyn, 14 Abb. (N. S.) 11 5- Mere irregularities in submitting to the electors questions as to an improvement as authorized by statute, which are executive or ministerial acts, cannot be corrected by certiorari. People v.
Trustees of Danville, i Hun, 593. On certiorari to a. city to re- view proceedings on assessment of expenses for a bridge, the court will not, as ground for setting aside the assessment, consider the validity of a contract for building the bridge.


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