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Board of Health v. Valentine

14 N.Y.S. 941 Court N.Y. Gen. Term Decision date 1891-05-11 English

Delivered by Pratt, J.

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p. 941
Board of Health v. Valentine.
(Supreme Court, General Term, Second Department.
May 11, 1891.)

Headnote

Appeal from circuit court, Westchester county.
Action by the board of health of the village of New Bochelle against Eugenia Valentine to recover a penalty imposed by plaintiff for non-compliance-with its regulations, and for failing to abate a nuisance. There was a judgment for defendant, and plaintiff appeals.
Argued before Barnard, P, J., and Dykman and Pratt, JJ.
Charles H. Noxon, for appellant. Charles H. Young, for respondent.

None of the exceptions have any merit. The charge of the-judge was not excepted to. The questions are all settled by the previous decision, reported 11 N. Y. Supp. .112. The ease of Sturgis v. Spofford, 45 N. Y. 446 , has no application, for the reason that the statute there construed gave a single penalty of $100, and it was pointed out by the court that it was. not given for each offense. Judgment affirmed, with costs.

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