Phillips v. Mayor of New York
New York Court of Common Pleas
Case submitted without controversy on an agreed statement of facts, under section 872 of the Code. The facts were substantially as follows : Jonas N. Phillips and Jesse Mitchell were, in November, 1856, elected councilmen, the one from the ■ seventeenth and the other from the forty-third council district. They qualified as required by law, and entered upon the discharge of their duties.
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Case submitted without controversy on an agreed statement of facts, under section 872 of the Code. The facts were substantially as follows : Jonas N. Phillips and Jesse Mitchell were, in November, 1856, elected councilmen, the one from the ■ seventeenth and the other from the forty-third council district. They qualified as required by law, and entered upon the discharge of their duties. By the charter then in force, councilmen received four dollars for each day in which they sat in the common council. In April-, 1857, and while Phillips and Mitchell were still in the common council, an act…
1Opinion of the Court
INGRAHAM, First Judge.
The parties hereto have agreed upon a case containing the facts, which they submit to the court, pursuant to the provisions of the Code, for judgment thereon.
The plaintiff claims to recover against the defendants for compensation as a councilman for eight days, in May, 1857, and for the same services rendered by Jesse Mitchell during the same month — the latter claim having been duly assigned to the plaintiff.
The defendants refuse payment of these claims, upon the ground that the provisions of the amended charter of April, 1857, deprive the members of the common council…
2Cases cited2 opinions
- Warner v. People ex rel. ConnerNew York Supreme Court · 1845
- Conner v. MayorThe Superior Court of New York City · 1849
3Cited by3 opinions
- State ex rel. Berry v. ShieldsMissouri Court of Appeals · 1877
- Farnum's PetitionSupreme Court of New Hampshire · 1871
- People ex rel. Bradley v. StephensNew York Supreme Court · 1866