City of Buffalo v. . Lewis
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 8, 1908, which affirmed an interlocutory judgment of the Municipal Court of the city of Buffalo sustaining a demurrer to the complaint. The nature of the action, the facts, so far as material, and the questions certified, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 8, 1908, which affirmed an interlocutory judgment of the Municipal Court of the city of Buffalo sustaining a demurrer to the complaint. The nature of the action, the facts, so far as material, and the questions certified, are stated in the opinion. The only provisions of the Motor Vehicle Law which are relied on by respondent as having directly and by their own energy repealed that part of the charter amendment which authorizes the taxation of automobiles, or…
1Opinion of the CourtChase, J.
By section 17 of the charter of the city of Buffalo (Chapter 105, Laws of 1891) it is provided: “Sec. 17. The common council shall from time to time enact ordinances * •* * (6) To license and regulate cartmen, porters, owners and drivers of all vehicles used for the transportation of passengers or property for hire, and to fix the rates of compensation to be taken by them; to license and regulate plumbers; * * * to prescribe the terms and conditions on which licenses shall be granted. * *
By chapter 31, Laws of 1904, which became a law March 1, 1904, there was added to said subdivision of said…
2Cases cited4 opinions
- Pratt Institute v. . City of New YorkNew York Court of Appeals · 1905
- Troy Press Co. v. Clerk of the Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1904
- Matter of Brooklyn, Q.C. S.R.R. Co.New York Court of Appeals · 1906
- People Ex Rel. Hainer v. Keeper of the PrisonNew York Court of Appeals · 1907
3Cited by39 opinions
- Payne v. MasseyTexas Supreme Court · 1946
- Peterson v. . MartinoNew York Court of Appeals · 1914
- Clayton v. StateArizona Supreme Court · 1931
- Bellington v. Township of East WindsorSupreme Court of New Jersey · 1955
- City of Billings v. HeroldMontana Supreme Court · 1956
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