Legal Opinion

People ex rel. Murphy v. Prendergast

Appellate Division of the Supreme Court of the State of New York

Decided December 4, 1914PublishedCited by 2 opinions

Appeal by the relator, John J. Murphy, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk' of the county of New York on the 19th day of June, 1914, as resettled by an order entered therein on the 22d day of June, 1914, denying relator’s motion for a writ of mandamus herein.

1Opinion of the Court

Hotchkiss, J.:

In 1910 the relator was appointed clerk to Mr. Justice Gerard, whom he continued to serve until September, 1913, when Mr. Justice Gerard resigned. Some time thereafter the relator was appointed by Mr. Justice Weeks as his clerk. The *187relator was paid his salary- to and including December, 1913, but his subsequent salary for a short period prior to his appointment by Mr. Justice Weeks was withheld by the comptroller, and this application is to compel payment of the same. The claim of the relator is that after the resignation of Mr. Justice Gerard he continued to hold office until…

2Cases cited2 opinions

  1. People ex rel. Schulum v. HarburgerAppellate Division of the Supreme Court of the State of New York · 1909
  2. In re NammackAppellate Division of the Supreme Court of the State of New York · 1911

3Cited by2 opinions

  1. Smith v. ConwayNew York Supreme Court · 1950
  2. Hirschberg v. City of New YorkNew York Court of Appeals · 1945

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