Legal Opinion

Billings v. Mayor of New York

New York Court of Appeals

Decided February 13, 1877PublishedCited by 4 opinions

Appeal from judgment of the General Term of the Court of Common Pleas of the city and county of ¡¡Slew York, reversing a judgment in favor of plaintiff entered upon an order overruling demurrer to the complaint and directing judgment. The nature of the action and the facts are set forth sufficiently in the opinion.

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Appeal from judgment of the General Term of the Court of Common Pleas of the city and county of ¡¡Slew York, reversing a judgment in favor of plaintiff entered upon an order overruling demurrer to the complaint and directing judgment. The nature of the action and the facts are set forth sufficiently in the opinion. Sections 114 and 116 of chapter 335, Laws of 1873, entitled “An act to reorganize the local government of the city of New York,” abolishing the salaries of supervisors of said city and county is unconstitutional, the act being a local act." (People ex rel. Monheimer v. Green, N. Y.…

1Opinion of the CourtRapallo, J.

This action was brought to recover a salary claimed by the plaintiff as one of the supervisors of the county of New York, for the months of January, February, March and April, 1875.

The alleged grounds of this claim are, that the plaintiff was during these months one of the aldermen of the city of New York. That he was, by virtue of his office as alderman of the city, a supervisor of the county, and entitled as such supervisor to a salary at the rate of $2,000 per annum.

A general demurrer was interposed to the complaint, and the General Term of the Court of Common Pleas of the city of New York…

2Cited by4 opinions

  1. Twiggs v. WingfieldSupreme Court of Georgia · 1917
  2. People ex rel. Deitz v. HoganAppellate Division of the Supreme Court of the State of New York · 1914
  3. Aichele v. City & County of DenverSupreme Court of Colorado · 1911
  4. Cregier v. Mayor of New YorkNew York Court of Common Pleas · 1882

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