City of Buffalo v. Lewis
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the City of Buffalo, from a judgment of the Municipal Court of the city of Buffalo in favor of the defendant, rendered on the 27th day of July, 1907, upon the decision of the court sustaining the defendant’s demurrer to the complaint and. dismissing the said complaint.
1Opinion of the Court
Williams, J.:
Interlocutory judgment should be affirmed, with costs, with leave to plead over on payment of costs of demurrer and this appeal.
The action was brought to recover a penalty for the violation of an ordinance of the city of Buffalo, the failure to pay a tax of five dollars, imposed upon defendant as the owner of an automobile. The penalty was ten dollars.in addition to the tax, fifteen dollars in all.
The ground of the demurrer was that the complaint failed to state facts constituting a cause of action. The point was that the city had no power to enact the .ordinance or that it had…
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- People v. Schoepflin, New York County Courts1912