Legal Opinion

People ex rel. Fuller v. Coler

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 4 opinions

Appeal by Bird S. Coler, as comptroller of the city of New York, from an order of the Supreme Court, made at the Kings County Special Temí and entered in the office of the clerk of the county of Kings on the 17th day of June, 1898, directing that a peremptory writ of mandamus issue to Bird S. Coler, comptroller of the city of New York, commanding, him to draw a warrant on the chamberlain of the city of New York to the order of the relator, Rudolph 0. Fuller, for the salary…

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Appeal by Bird S. Coler, as comptroller of the city of New York, from an order of the Supreme Court, made at the Kings County Special Temí and entered in the office of the clerk of the county of Kings on the 17th day of June, 1898, directing that a peremptory writ of mandamus issue to Bird S. Coler, comptroller of the city of New York, commanding, him to draw a warrant on the chamberlain of the city of New York to the order of the relator, Rudolph 0. Fuller, for the salary of said Fuller as inspector of construction, alteration and repairs of county buildings in Kings county for the months of…

1Opinion of the Court

Cullen, 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, 1896. 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…

2Cases cited3 opinions

  1. People v. MorrisNew York Supreme Court · 1835
  2. People ex rel. McGinniss v. PalmerAppellate Division of the Supreme Court of the State of New York · 1896
  3. People Ex Rel. McGinniss v. . PalmerNew York Court of Appeals · 1896

3Cited by4 opinions

  1. Miller v. WarnerAppellate Division of the Supreme Court of the State of New York · 1899
  2. Stoddart v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
  3. Canteline v. McClellanNew York Supreme Court · 1939
  4. Stoddart v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903

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