City of Buffalo v. Neal
New York Supreme Court
Controversy between the city of Buffalo, plaintiff, and Alfred H. Neal, defendant, submitted without action, on an agreed state of facts, pursuant to Code Civ.
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Controversy between the city of Buffalo, plaintiff, and Alfred H. Neal, defendant, submitted without action, on an agreed state of facts, pursuant to Code Civ. Proc. § 1279. The submission was as follows: Whereas, a controversy exists between the city of Buffalo, of the one part, and Alfred H. Neal, of 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 by1 him from prisoners duly sentenced to the Erie county penitentiary, of which he is keeper, for violation of ordinances…
1Dissent
WARD, 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 manner required by the charter of the city, or whether they 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 cited8 opinions
- Matter of Commissioners of Central ParkNew York Court of Appeals · 1872
- People of the State of N.Y. v. . QuiggNew York Court of Appeals · 1874
- Buffalo Cemetery Assn. v. . City of BuffaloNew York Court of Appeals · 1889
- Van Denburgh v. President & Trustees of Village of GreenbushNew York Court of Appeals · 1876
- Whipple v. . ChristianNew York Court of Appeals · 1880
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