City of Buffalo v. Neal
New York Supreme Court
Submission of the cause without action upon an agreed statement of facts. The submission is as follows : Whereas, a controversy exists between the city of Buffalo, of the one part, and Alfred II.
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Submission of the cause without action upon an agreed statement of facts. The submission is as follows : Whereas, a controversy exists between the city of Buffalo, of the one part, and Alfred II. Neal, of the other part, as follows: The city of Buffalo claims that said Alfred H. Neal was indebted unto it in the sum of $5,546.05, being the amount of fines and penalties collected, by him from prisoners duly sentenced to the Erie county penitentiary, of which he is keeper, for violation of ordinances of the city of Buffalo, which he has failed and neglected to pay over unto said city. And…
1DissentWard, J.
(dissenting). — -The fines and penalties specified in this submission belong to the city of Buffalo, whether paid into the city treasury by the keeper of the Erie county penitentiary, in the *121manner required by the charter of the city, or whether the)7, come to the city through the circumlocution of chapter 686 of the Laws of 1892. The most natural and reasonable way would be as provided by the charter; that being a direct way, and the money is paid over, substantially, as soon as it is received by the keeper. By the other process the keeper must pay over the money to the county treasurer…
2Cases cited5 opinions
- Matter of Commissioners of Central ParkNew York Court of Appeals · 1872
- Van Denburgh v. President & Trustees of Village of GreenbushNew York Court of Appeals · 1876
- Aldinger v. PughNew York Supreme Court · 1890
- James v. . SammisNew York Court of Appeals · 1892
- Brown v. DuaneNew York Supreme Court · 1891