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People v. Village of Pelham Manor

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1931
234 App. Div. 790 (N.Y. App. Div. 1931)

Opinion

November, 1931.

Present — Lazansky, P.J., Carswell, Scudder, Tompkins and Davis, JJ.


Judgment unanimously directed for plaintiff, without costs, on agreed statement of facts. There is no merit in defendant's contention that, in effect, the village becomes the custodian of the fines for the purpose of paying the justices' fees and of remitting the balance to the State. There is no provision of law which authorizes a justice of the peace to withhold as a fee any part of the fines collected by him, and he, like other public officers, can act only within the powers conferred by statute.


Summaries of

People v. Village of Pelham Manor

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1931
234 App. Div. 790 (N.Y. App. Div. 1931)
Case details for

People v. Village of Pelham Manor

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. THE VILLAGE OF PELHAM…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 1, 1931

Citations

234 App. Div. 790 (N.Y. App. Div. 1931)

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