People ex rel. City of Tonawanda v. Fitzhenry
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, James W. Fitzhenry and others, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 1st day of June, 1915, directing the issuance of a peremptory writ of mandamus.
1Opinion of the Court
Lambert, J.:
This proceeding seeks to compel the board of supervisors of the county of Erie to convene and pass a resolution directing the county treasurer of the county of Erie to pay to the city of Tonawanda the sum of $2,840.53, which sum represents taxes upon the capital stock of the First National Bank of Tona*228wanda, collected during the years 1908 to 1913, inclusive, less the fees of the county treasurer and plus interest from the respective dates that same was received in such treasury.
The county of Erie, like many other counties throughout the State, seems to have misconstrued the…
2Cases cited5 opinions
- Strough v. Board of Supervisors of Jefferson CountyNew York Court of Appeals · 1890
- City of Buffalo v. County of ErieNew York Supreme Court · 1915
- People ex rel. Rohr v. OwensAppellate Division of the Supreme Court of the State of New York · 1905
- City of Utica v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1905
- People ex rel. Finn v. GreeneAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by5 opinions
- City of Buffalo v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1915
- County of Erie v. Town of TonawandaAppellate Division of the Supreme Court of the State of New York · 1917
- Village of Elmira Heights v. Town of HorseheadsNew York Supreme Court · 1931
- Town of Islip v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1920
- City of Buffalo v. Erie CountyAppellate Division of the Supreme Court of the State of New York · 1915