City of Buffalo v. Stevenson
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Arthur E. Stevenson, from a judgment of the. Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 16th day of December, 1910, upon the decision of the court, rendered after a trial at the Erie Special Term, reversing a judgment of the Municipal Court of the city of Buffalo in favor of the defendant entered upon the dismissal of the complaint, and also from an order entered on the 16th day of…
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Appeal by the defendant, Arthur E. Stevenson, from a judgment of the. Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Erie on the 16th day of December, 1910, upon the decision of the court, rendered after a trial at the Erie Special Term, reversing a judgment of the Municipal Court of the city of Buffalo in favor of the defendant entered upon the dismissal of the complaint, and also from an order entered on the 16th day of December, 1910, directing the entry of the said judgment.
1Opinion of the Court
Spring, J. :
The plaintiff, the City. of Buffalo, claims the defendant is liable for a penalty of ten dollars in opening a street or alley in the city without obtaining a permit so to do. The substantial facts are undisputed, and the defendant succeeded in the Municipal Court on the ground that the license fee of five dollars, imposed by the ordinance of the city for the permit, was in fact a tax, and renders the ordinance invalid.
The charter of the city (Laws of 1891, chap. 105, and amendments) vests in the common council the authority to enact ordinances “ to regulate the use of [the…
2Cases cited4 opinions
- Mayor of New York v. Dry Dock, East Broadway & Battery R. R.New York Court of Appeals · 1892
- Ex parte DavisCalifornia Supreme Court · 1896
- City of Solomon v. HughesSupreme Court of Kansas · 1880
- Downing v. City of MiltonvaleSupreme Court of Kansas · 1887
3Cited by10 opinions
- Collins v. City of RadfordSupreme Court of Virginia · 1922
- People v. Averill, New York County Courts1925
- City of Buffalo v. GoodmanNew York Supreme Court · 1912
- People v. MagnusNew York Court of General Session of the Peace · 1915
- People v. CroninNew York Court of General Session of the Peace · 1915
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