Legal Opinion

People ex rel. Ryan v. Green

New York Court of Common Pleas

Decided May 15, 1874PublishedCited by 8 opinions

Appeal from an order made at the special term of this court, directing a peremptory writ of mandamus to issue. The relator obtained an order for an alternative writ of mandamus to compel the comptroller of the city of New York to pay him his salary as deputy clerk of the Court of Special Sessions in New York city, fo1 the months of February, March, April, and May, 1873, and on the writ being issued the comptroller made return to it, that subsequently to the appointment of…

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Appeal from an order made at the special term of this court, directing a peremptory writ of mandamus to issue. The relator obtained an order for an alternative writ of mandamus to compel the comptroller of the city of New York to pay him his salary as deputy clerk of the Court of Special Sessions in New York city, fo1 the months of February, March, April, and May, 1873, and on the writ being issued the comptroller made return to it, that subsequently to the appointment of the relator to such office, to wit, in the year 1872, the relator was duly elected a member of the Legislature of the…

1Opinion of the CourtRobinson, J.

The relator was deputy cleric of the Court of Special Sessions of the Peace for the city and county of ¡New York in the fall of 1872, when he was elected a member of the Assembly for the year 1873, and accepted that office, and served in the same for the months of January, February, ¡March and April of that year, and without having otherwise *267resigned or been removed, from his office of deputy clerk by the board of police justices, by whom he was appointed, and at whose pleasure he held that office (under the provisions of chapter 373 of the Laws of 1872), claims in this proceeding, by…

2Cases cited4 opinions

  1. Bryan v. CattellSupreme Court of Iowa · 1864
  2. State ex rel. Cornwell v. AllenIndiana Supreme Court · 1863
  3. Clark v. HolmesMichigan Supreme Court · 1844
  4. State ex rel. Moore v. LuskSupreme Court of Missouri · 1871

3Cited by8 opinions

  1. Kenney v. GoergenSupreme Court of Minnesota · 1886
  2. State Ex Rel. Metcalf v. GoffSupreme Court of Rhode Island · 1887
  3. City of Syracuse v. RoscoeNew York Supreme Court · 1910
  4. Kennett v. LevineWashington Supreme Court · 1957
  5. People ex rel. Price v. WoodburyNew York Supreme Court · 1902

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