Legal Opinion

Conner v. Mayor

The Superior Court of New York City

Decided March 10, 1849PublishedCited by 27 opinions

This was an action of assumpsit upon the money counts and an account stated: the plea was the general issue. At the trial, the evidence for the plaintiff was as follows:— At a general election in the state of New York, at which certain officers were to be elected for the city and county of New ,-York, held on the 3rd of November, 1846, the plaintiff was elected clerk of the city and county of New York, for the period of three years, from the 1st day of January, 1847. The…

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This was an action of assumpsit upon the money counts and an account stated: the plea was the general issue. At the trial, the evidence for the plaintiff was as follows:— At a general election in the state of New York, at which certain officers were to be elected for the city and county of New ,-York, held on the 3rd of November, 1846, the plaintiff was elected clerk of the city and county of New York, for the period of three years, from the 1st day of January, 1847. The plaintiff duly qualified himself for the office by giving the necessary security for the performance of its duties, and by…

1Opinion of the CourtBy the Court. Sandford, J.

The plaintiff claims to recover the fees payable by law, for the services rendered in his office, and received by the treasurer of the city since the first *361day of January, 1848, on the ground that the act of December 10th, 1847, conferring those fees on the city and county, and providing the clerk with an annual salary, is unconstitutional. Two objections are made to the validity of this statute.

First. It is said, that it violates the provision of the constitution, which provides that “ no private or local bill which may be passed by the legislature, shall embrace more than one subject, and…

2Cases cited5 opinions

  1. Warner v. People ex rel. ConnerNew York Supreme Court · 1845
  2. Commonwealth ex rel. Hepburn v. MannSupreme Court of Pennsylvania · 1843
  3. Andrews v. United StatesU.S. Circuit Court for the District of Massachusetts · 1842
  4. People ex rel. Ingersoll v. GareyNew York Supreme Court · 1827
  5. Ehrenzeller v. Union Canal Co.Supreme Court of Pennsylvania · 1829

3Cited by27 opinions

  1. Nichols v. . MacLeanNew York Court of Appeals · 1886
  2. Swann v. BuckMississippi Supreme Court · 1866
  3. Perkins v. CorbinSupreme Court of Alabama · 1871
  4. Jordan v. BaileySupreme Court of Minnesota · 1887
  5. Long v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1880

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