Legal Opinion

Tyrrell v. Mayor of New York

New York Court of Appeals

Decided June 6, 1899PublishedCited by 27 opinions

Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered 27ovember 21, 1898, reversing a judgment- entered upon the decision of the court on a trial without a jury.

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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered 27ovember 21, 1898, reversing a judgment- entered upon the decision of the court on a trial without a jury. This action was brought to recover extra compensation for services rendered by the plaintiff for the defendant on the forty-seven Sundays which elapsed between April 26th, 1894, and March 22d, 1895. During this period the plaintiff held the position of section foreman in the street cleaning department of the city of New York, by regular appointment, at a salary of $1,000 a year,…

1Opinion of the CourtVakh, J.

This appeal brings before us for construction a section of the defendant’s charter, which, so far as material to this controversy, is as follows: “ The annual salaries and compensations of the members of the uniformed force of the department of street cleaning shall be fixed by the board of estimate and apportionment and shall not exceed the following : Of the general superintendent, three thousand dollars; of the assistant superintendent, two thousand five hundred dollars; of the superintendent of stables, two thousand dollars ; of the master mechanic, one thousand eight hundred dollars: of…

2Cases cited2 opinions

  1. Donaldson v. Wood & WoodCourt for the Trial of Impeachments and Correction of Errors · 1839
  2. McCormack v. Mayor of New YorkThe Superior Court of the City of New York and Buffalo · 1895

3Cited by27 opinions

  1. Tuohey v. MartinjakSupreme Court of Connecticut · 1935
  2. Gathemann v. City of ChicagoIllinois Supreme Court · 1914
  3. Ivey v. State of New YorkNew York Court of Appeals · 1992
  4. Taylor v. Inhabitants of CaribouSupreme Judicial Court of Maine · 1907
  5. Smith v. County of LoganIllinois Supreme Court · 1918

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