Newman v. Schwert

This is an application for a peremptory order of mandamus requiring the respondent to accept a certain transcript of judgment from the City Court of Buffalo.

The respondent objects to the transcript upon the ground that it does not conform to section 40 of the City Court Act in that indorsed thereon is an assignment of the judgment. It is suggested that the genesis of this application is that if the judgment is assigned while it remains a City Court judgment alone and before transcript there is no fee required for filing, whereas, if assigned after transcript the respondent is entitled to a…