People ex rel. Woodworth v. Burrows
New York Supreme Court
THIS was an appeal from an order of Justice Wright, made at a special term, denying a motion for a peremptory mandamus. The object of the writ was to compel the comptroller to draw his warrant on the treasurer, in favor of the relator, for the sum of $3781, alleged to be due to him from the state for a portion of his salary as a former justice of the supreme court; and also for $8966 as interest upon the former sum to the 1st day of August, 1857. The relator’s claim arose…
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THIS was an appeal from an order of Justice Wright, made at a special term, denying a motion for a peremptory mandamus. The object of the writ was to compel the comptroller to draw his warrant on the treasurer, in favor of the relator, for the sum of $3781, alleged to be due to him from the state for a portion of his salary as a former justice of the supreme court; and also for $8966 as interest upon the former sum to the 1st day of August, 1857. The relator’s claim arose under these circumstances, as set forth in the alternative mandamus. He was appointed a justice of the supreme court on…
1Opinion of the Court
By the Court, Hogeboom, J.
The learned and venerable relator has presented an argument of much ingenuity and *91force in favor of the allowance of a peremptory mandamus, and it would afford the court high gratification, if, in consideration of his eminent and faithful services as a former justice of the supreme court, it were possible, consistently with the rules of law, to award the mandamus in question.
The application is based upon the supposed inability of the legislature to reduce the salary of a judge during his term of office, after the amount of such salary shall have been once fixed by…
2Cited by5 opinions
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- Hawley v. SingerNew York Surrogate's Court · 1885
- People on rel. Baldwin & Jaycox v. HawsNew York Supreme Court · 1862