Legal Opinion

Matter of Mahon v. . Bd. of Education

New York Court of Appeals

Decided May 20, 1902PublishedCited by 68 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 12, 1902, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus directing the defendant to place the name of the relator on the list of retired teachers entitled to receive as an annuity one-half of salary paid her before retirement, and dismissed the proceeding. The facts, so far as material, are stated in the opinion.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 12, 1902, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus directing the defendant to place the name of the relator on the list of retired teachers entitled to receive as an annuity one-half of salary paid her before retirement, and dismissed the proceeding. The facts, so far as material, are stated in the opinion. Mo issue of fact is raised by the return. Allegations on information and belief are not sufficient denials in cases of…

1Opinion of the CourtCullen, J.

By chapter 296 of the Laws of 1894 there was enacted a provision for' retiring and pensioning on half pay male teachers in the city of Eew York who had served thirty-five years, and female teachers in that city who had > served for thirty years. The fund for the payment of these pensions was to consist of fines and deductions from teachers’ wages made for any cause and from donations or legacies that might be made to it. Chapter 91 of the Laws of 1898 added to the fund five per cent of the excise money or license fee belonging to the city of Mew York. The relator had been a teacher in a…

2Cases cited9 opinions

  1. Pennie v. ReisSupreme Court of the United States · 1889
  2. The People v. . CookNew York Court of Appeals · 1853
  3. Town of Guilford v. . the Supervisors of Chenango CountyNew York Court of Appeals · 1855
  4. People Ex Rel. Einsfeld v. . MurrayNew York Court of Appeals · 1896
  5. Fox v. Mohawk & Hudson River Humane SocietyNew York Court of Appeals · 1901

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3Cited by68 opinions

  1. Yeazell v. CopinsArizona Supreme Court · 1965
  2. O'Dea v. CookCalifornia Supreme Court · 1917
  3. Klench v. Board of Pension Fund CommissionersCalifornia Court of Appeal · 1926
  4. Lehigh Valley R.R. Co. v. . Canal BoardNew York Court of Appeals · 1912
  5. People ex rel. Kroner v. AbbottIllinois Supreme Court · 1916

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