Kehn v. . State of New York
New York Court of Appeals
Appeal, under chapter 211, Laws of 1881, from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made January 24, 1882, which affirmed a decision of the board of audit disallowing a claim of plaintiff for a balance of his compensation as fireman of the old capítol, alleged to be due and unpaid. The material facts are stated in the opinion.
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Appeal, under chapter 211, Laws of 1881, from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made January 24, 1882, which affirmed a decision of the board of audit disallowing a claim of plaintiff for a balance of his compensation as fireman of the old capítol, alleged to be due and unpaid. The material facts are stated in the opinion. The act of 1875 (Chap. 634), which fixes the pay of firemen at the capítol at $3 per day, prescribed an imperative rule and definitely established their salary. (Laws of 1880, p. 251; Jackson v. Van…
1Opinion of the CourtRapallo, J.
The uncontroverted evidence shows that on the 1st of May, 1880, the appellant was employed by Mr. Hyde, superintendent of the old capítol, as fireman therein, and continued to serve in that capacity from the time of his employment until the filing of his claim before the board of audit, which was in November or December, 1881.
He claims pay at the rate of $3 per day during that period by virtue of a provision in the general appropriation act of 1875, which reads as follows: “And the compensation of the men employed as firemen in the capítol is hereby fixed at $3 per day to each of them. Said…
2Cases cited1 opinion
- People Ex Rel. Satterlee v. . Board of PoliceNew York Court of Appeals · 1878
3Cited by39 opinions
- Glavey v. United StatesSupreme Court of the United States · 1901
- Lukens v. NyeCalifornia Supreme Court · 1909
- Clark v. . StateNew York Court of Appeals · 1894
- Quayle v. City of New YorkNew York Court of Appeals · 1938
- Be Boest v. GambellOregon Supreme Court · 1899
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