City of Buffalo v. . Stevenson
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 3, 1911, which affirmed an order of Special Term reversing a judgment of the Municipal Court of the city of Buffalo in favor of defendant and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 3, 1911, which affirmed an order of Special Term reversing a judgment of the Municipal Court of the city of Buffalo in favor of defendant and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff did not establish that it had authority to enact the ordinance requiring the payment of a five-dollar fee. (Dunham v. City of Rochester, 5 Cow. 462; 1 Dillon on Mun. Corp. 423, 429; 2 Dillon on Hun. Corp.…
1Opinion of the CourtGray, J.
The city brought this action to recover a penalty of ten dollars for the violation by the defendant of an ordinance, which forbade the opening of a street, or alley, without the permission of the board of public works. In the Municipal Court of Buffalo, where the action was commenced, judgment was ordered for the defendant; but, on appeal, the Supreme Court, at Special Term and at the Appellate Division, reversed the judgment and ordered a new trial. Leave was given to appeal to this court and the question of importance for our consideration relates to the validity of subdivision 2 of section…
2Cases cited1 opinion
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