
    George S. Wilkes, Appellant, v. The Mayor, Aldermen and Commonalty of the City of New York, Respondent.
    (Argued December 4, 1879 ;
    decided December 16, 1879.)
    This action was brought to recover back alleged illegal assessments upon certain lots in the city of New York, voluntarily paid by'the owner, one Burchell, plaintiff’s assignor. The. assessments were irregular, but had never been vacated or set aside. Held, that the action was not maintainable, the court citing Swift v. City of PoughJee&psie (37 N. Y., 514) ; Bank of Commonwealth v. The Muy or, efc.(43 id., 184) ; Peyser v. The Mayor, etc. (70 id., 497). Also, that it was immaterial that assessments laid upon other lots in the same proceeding had been vacated. (In re Delaney, 52 N. Y., 80.)
    
      George S. Wilkes for appellant in person.
    
      D. J. Dean for respondent.
    Earl, J., reads for affirmance.
   All concur.

Judgment affirmed.  