Beck v. Board of Supervisors
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, August Beck, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 29th day of May, 1894, denying his application for a peremptory writ of mandamus, “ on the ground that he is not entitled thereto as a matter of law upon the facts appearing,” and by which the application for a peremptory writ was dismissed upon the merits, with costs.
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Appeal by the plaintiff, August Beck, from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 29th day of May, 1894, denying his application for a peremptory writ of mandamus, “ on the ground that he is not entitled thereto as a matter of law upon the facts appearing,” and by which the application for a peremptory writ was dismissed upon the merits, with costs. In November, 1891, the relator was elected sheriff of Erie county, and entered upon the discharge of his duties as such sheriff on the 1st day of January,…
1Opinion of the Court
Per Curiam :
In chapter 108 of the Laws of 1891 it is provided that the sheriff of Erie county shall receive as compensation for his services an annual salary to be fixed by the board of supervisors of said county prior to the election of every such sheriff, and it was provided that the salary so fixed “ shall not be less than four thousand dollars nor exceed five thousand dollars per annum.”
*363In section 2 of that act there is the following provision : “ § 2. The salary so fixed by said board of supervisors shall constitute the whole compensation which shall be allowed or paid to or received by…
2Cases cited6 opinions
- Crofut v. . BrandtNew York Court of Appeals · 1874
- Brady v. SupervisorsThe Superior Court of New York City · 1849
- People Ex Rel. Board of Supervisors v. Common CouncilNew York Court of Appeals · 1886
- People Ex Rel. Church v. . HopkinsNew York Court of Appeals · 1873
- Crofut v. BrandtNew York Court of Common Pleas · 1874
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