Price v. . County of Erie
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 11, 1914, affirming a judgment in favor'of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 11, 1914, affirming a judgment in favor'of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. No part of the naturalization fees received by the plaintiff during the time that he was county clerk belonged to him, but on the contrary one-half thereof belonged to the county of Erie. The other half belonged and was paid to the bureau of immigration and naturalization.…
1Opinion of the CourtCollin, J.
The action is to recover, by virtue of a statutory provision, one-half of the fees collected and delivered to the defendants by the plaintiff, while clerk of the county of Erie, for services performed by him in naturalization proceedings. Thus far it has succeeded and erroneously.
The fees were collected within the period from December 31, 1906, to October 3, 1910. The statutory provision invoked by plaintiff was in an act of congress (Oh. 3592, 34Stat. 596) enacted June 29, 1906, entitled “An act to establish a bureau of emigration and naturalization, and to provide for a uniform rule for the…
2Cases cited6 opinions
- Olmsted v. . MeahlNew York Court of Appeals · 1916
- Mulcrevy, & Fidelity & Deposit Co. v. City & County of San FranciscoSupreme Court of the United States · 1914
- People Ex Rel. Wogan v. . RaffertyNew York Court of Appeals · 1913
- Barron County v. BeckwithWisconsin Supreme Court · 1910
- Board of Supervisors v. JonesNew York Court of Appeals · 1890
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3Cited by8 opinions
- Queensboro Farm Products, Inc. v. StateNew York Court of Claims · 1956
- United States ex rel. Harris v. DanielsCourt of Appeals for the Second Circuit · 1922
- Kountz v. State UniversityNew York Supreme Court · 1977
- Painter v. Town BoardAppellate Division of the Supreme Court of the State of New York · 1930
- In re JohnsenNew York Supreme Court · 1979
3 more not listed; retrieve them via the Exa API.