Town of Green Island v. Williams
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Town of Green Island, from a judgment of the County Court of Albany county in favor of the defendant, entered in the office of the clerk of the county of Albany on the 20th day of June, 1902, upon an order of said court bearing date the 21st day of April, 1902, reversing a judgment of a justice of the peace of the town of Green Island in favor of the plaintiff, entered on the 21st day of February, 1902, and also from said order upon which such…
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Appeal by the plaintiff, The Town of Green Island, from a judgment of the County Court of Albany county in favor of the defendant, entered in the office of the clerk of the county of Albany on the 20th day of June, 1902, upon an order of said court bearing date the 21st day of April, 1902, reversing a judgment of a justice of the peace of the town of Green Island in favor of the plaintiff, entered on the 21st day of February, 1902, and also from said order upon which such judgment of the County Court was entered. This action was brought before a justice of the peace of said town of Green…
1Opinion of the Court
Chase, J.:
By section 726 of the Code of Criminal Procedure it is provided: “ If a fine imposed be paid before commitment it must be received by the court, and within thirty days after its receipt paid by such court to the supervisor of the town in and for which such court is held.”
By section 728 of said Code it is further provided : “ If the court receiving the fine fail to pay to the supervisor as provided in the last two sections, such supervisor must immediately commence an action therefor against * "x" * ■ the magistrate or magistrates composing the court in the name of his town.”
The…
2Cases cited2 opinions
- Conaughty v. . NicholsNew York Court of Appeals · 1870
- Greentree v. . RosenstockNew York Court of Appeals · 1875
3Cited by5 opinions
- Stephens v. CrawfordAppellate Division of the Supreme Court of the State of New York · 1924
- Lange v. SchileAppellate Division of the Supreme Court of the State of New York · 1906
- Connor v. PhiloAppellate Division of the Supreme Court of the State of New York · 1907
- Postal v. CohnAppellate Division of the Supreme Court of the State of New York · 1903
- Booth v. EnglertAppellate Division of the Supreme Court of the State of New York · 1905