Legal Opinion

Schieffelin v. Goldsmith

New York Court of Appeals

Decided March 18, 1930PublishedCited by 20 opinions

1Opinion of the CourtHubbs, J.

This is a taxpayer’s action to restrain the Comptroller of the city of New York from paying to the defendants Goldsmith and Fontanelli the salaries which they earned while serving temporarily as Municipal Court justices, on the ground that their appointments as temporary justices were illegal. The appointments were made pursuant to chapter 430 of the Laws of 1929, which added a new section (4-a) to the Municipal Court Code. It is contended that said statute is unconstitutional and void. It reads as follows: “ Temporary appointments of justices. If any justice is physically or mentally…

2Cases cited8 opinions

  1. People Ex Rel. Alpha Portland Cement Co. v. KnappNew York Court of Appeals · 1920
  2. Matter of McAneny v. . Bd. of Estimate, Etc.New York Court of Appeals · 1922
  3. Rathbone v. . WirthNew York Court of Appeals · 1896
  4. People, Ex Rel. Woods v. . CrisseyNew York Court of Appeals · 1883
  5. People Ex Rel. Angerstein v. KenneyNew York Court of Appeals · 1884

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3Cited by20 opinions

  1. Carter v. CarterAppellate Division of the Supreme Court of the State of New York · 1977
  2. In re Daniel C.Appellate Division of the Supreme Court of the State of New York · 1984
  3. People v. TerraNew York Court of Appeals · 1951
  4. Haggerty v. City of New YorkNew York Court of Appeals · 1935
  5. In re Three " John " ChildrenNew York Family Court · 1969

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