Legal Opinion

People Ex Rel. Ryan v. . Green

New York Court of Appeals

Decided September 22, 1874PublishedCited by 358 opinions

Appeal from order of the General Term of the Court of Common Pleas for the city and county of New York, affirming an order of.

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Appeal from order of the General Term of the Court of Common Pleas for the city and county of New York, affirming an order of. Special Term directing a writ of peremptory mandamus to issue. • An alternative writ was issued alleging, in substance, that the relator was, on or about May 1st, 1870, duly appointed deputy clerk of the Court of Special Sessions for the city and county of New York at a salary, as fixed by law, of $5,000 per annum, which office he has continued to hold and still holds; that he presented his claim for salary for the months of February, March, April and May, 1873, to…

1Opinion of the CourtFolger, J.

The appellant contends that the court below had no jurisdiction to order and issue a writ of mandamus.

In opposition to this stands the act of the legislature, passed 17th April, 1873 (Laws of 1873, chap. 239, p. 363), by the first section of which it is enacted, that the Court of Common Pleas for the city and county of Mew York has henceforth original jurisdiction at law and in equity, concurrent and coextensive with the Supreme Court in all civil actions, and of all special proceedings of a civil nature. The proceeding by mandamus is included in these latter phrases, “civil actions” and…

2Cases cited9 opinions

  1. Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
  2. Bank of Hamilton v. Lessee of DudleySupreme Court of the United States · 1829
  3. Landers v. . Staten Island R.R. Co.New York Court of Appeals · 1873
  4. Brady v. . Supervisors of New-YorkNew York Court of Appeals · 1851
  5. Gilman v. BassettSupreme Court of Connecticut · 1866

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3Cited by358 opinions

  1. Reilly v. OzzardSupreme Court of New Jersey · 1960
  2. Gosman v. State ex rel. SchumacherIndiana Supreme Court · 1886
  3. People, Ex Rel. Gere v. . WhitlockNew York Court of Appeals · 1883
  4. State Division of Human Rights v. New York State Department of Correctional ServicesAppellate Division of the Supreme Court of the State of New York · 1982
  5. Smith v. DillonAppellate Division of the Supreme Court of the State of New York · 1943

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