Sweeny v. Mayor of New York
New York Court of Common Pleas
Appeal by defendant from a judgment of this court entered on the verdict of a jury at trial term. The complaint alleged that under the provisions of L. 1853, c. 529, the plaintiff was appointed by the Court of Common Pleas, on February 18th, 1868, an attendant on said court, and. that thereupon he entered upon the performance of his duties as such attendant, and continued to perform the same up to November 1st, 1873; that by a resolution of the board of supervisors of the…
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Appeal by defendant from a judgment of this court entered on the verdict of a jury at trial term. The complaint alleged that under the provisions of L. 1853, c. 529, the plaintiff was appointed by the Court of Common Pleas, on February 18th, 1868, an attendant on said court, and. that thereupon he entered upon the performance of his duties as such attendant, and continued to perform the same up to November 1st, 1873; that by a resolution of the board of supervisors of the county of New York, duly passed on May 26th,, 1870, and approved by the mayor on May 27th, 1870, and to take effect from…
1Opinion of the CourtJ. F. Daly, J.
The plaintiff is a public officer, and' the1 position he holds as an attendant or officer of the Court of Common Pleas is a public office (People ex rel. Henry v. Nostrand, 46 N. Y. 381). He performs the public duty of attending the court during its sittings, preserving order, taking charge of juries during their deliberations, and taking into custody persons committed by the court until they are transferred to-the custody of the sheriff. In this court, at least, he takes the constitutional oath of office, and is sworn when taking charge of a jury. He receives a special appointment to the…
2Cases cited3 opinions
- The People Ex Rel. v. . NostrandNew York Court of Appeals · 1871
- Bank of Mobile v. HugginsSupreme Court of Alabama · 1841
- Sullivan v. Mayor, Aldermen & Commonalty of New YorkNew York Court of Common Pleas · 1873
3Cited by4 opinions
- Nadal v. City of New YorkCity of New York Municipal Court · 1934
- Wines v. Mayor of New YorkNew York Supreme Court · 1877
- Moser v. Mayor of New YorkNew York Supreme Court · 1880
- Rowland v. Mayor of New YorkThe Superior Court of New York City · 1878