In re Fuller
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Application of Rudolph C. Fuller for a writ of peremptory mandamus to the comptroller and mayor of the city of New York, and from an order granting the writ (53 N. Y. Supp. 200) they appeal.
1Opinion of the CourtCullen, J.
This application is for a peremptory writ of mandamus to the comptroller and mayor of the city of New York, directing them to sign a warrant for the payment of petitioner’s salary as inspector of construction, alteration, and repairs of county buildings in the county of Kings, for the months of January, February, March, and April, 1898. None of the facts alleged in the moving affidavits were put in issue by the respondent, ■ who, however, alleged that the board of estimate and apportionment of the city had not made any appropriation of money for the purpose of paying the relator’s salary, and…
2Cases cited3 opinions
- People v. MorrisNew York Supreme Court · 1835
- People v. MorrellNew York Supreme Court · 1839
- People ex rel. McGinniss v. PalmerAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Stoddart v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903