Appellate Division of the Supreme Court of the State of New York November 12, 1913 (Village of Carthage v. Colligan)

lead-opinion

Merrell, J.:

This action was brought by the plaintiff Village of Carthage to- recover of the defendant, a resident of said village, the sum of fifty dollars penalty, which it is claimed defendant incurred through a violation of an order which plaintiff claims was duly *794made by plaintiff’s local board of health forbidding defendant from emptying á cesspool upon his premises in said