Kip v. . City of Buffalo
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered December 3, 1889, overruling a demurrer to the complaint herein. This action was brought by plaintiff to recover his salary for ■six months’ services as secretary of the civil service commission of the city of Buffalo, 1ST. Y. The facts, so far as in this complaint are material, are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered December 3, 1889, overruling a demurrer to the complaint herein. This action was brought by plaintiff to recover his salary for ■six months’ services as secretary of the civil service commission of the city of Buffalo, 1ST. Y. The facts, so far as in this complaint are material, are stated in the opinion. So much of civil service rule III as purports to give the mayor authority to employ a secretary for the civil service commission of Buffalo, and to fix his salary, is void; and section 8 of the…
1Opinion of the CourtPeckham, J.
Acting under the authority of the two statutes, of this state in regard to the appointment to civil positions in the cities thereof, passed respectively in 1883 and 1884, and known as chapter 354 of the Laws of 1883, and chapter 410' of the Laws of 1884, the mayor of the city of Buffalo prescribed certain regulations for the admission of persons into. the civil service of that city. These regulations were entitled “ Buies for admission to the civil service of the City of Buffalo, in pursuance of section Y, chapter 354, Laws of 1883, of the State of New York, as amended,” and they were…
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