B'd of Com'rs of Excise, Etc. v. . Burtis
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 31, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion. The action was not brought by the proper party.
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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 31, 1884, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. The nature of the action and the material facts are stated in the opinion. The action was not brought by the proper party. It ought to have been in the name of the board of charities and police of the city of Auburn. (Laws of 1857, chap. 628, § 22; Laws of 1873, chap. 820; Laws of 1878, chap. 109; Overseers, etc., Pittstown…
1Opinion of the CourtEarl, J.
This action was commenced to recover penalties for violations of the excise law in the city of Auburn, from the 1st day of June, 1880, to the 1st day of June, 1881. The plaintiff recovered, and the judgment having been affirmed at the General Term, the defendants appealed to this court.
The main question to be decided now is, whether the action was properly commenced by the plaintiff, or whether it should have been commenced by the board of charities and police of the city of Auburn, and the determination of this question involves the construction and consideration of various statutes.
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2Cited by5 opinions
- People Ex Rel. Fleming v. . DaltonNew York Court of Appeals · 1899
- Welty v. StateIndiana Supreme Court · 1912
- City of Watertown v. RobinsonWisconsin Supreme Court · 1887
- People v. SeamanAppellate Division of the Supreme Court of the State of New York · 1898
- Standart v. BurtisNew York Supreme Court · 1887