Legal Opinion

People ex rel. Colbert v. Knox

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

Decided January 15, 1901Published

Appeal by the relator, Matthew J. Colbert, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 26th day of June, 1900, denying a motion for a peremptory writ of mandamus.

1Opinion of the Court

Goodrich, P. J.:

Colbert, the relator, who for many years had been a patrolman on the police force of the city of New York, on June 6, 1899, was assigned to duty as a roundsman by the chief of police." He fulfilled the duties of that position till the time of the commencement of this proceeding. The salary of a patrolman under the Greater New York charter (Laws of 1897, chap. 378) is $1,400 per annum, and that of a roundsman $1,500. The police department placed the relator’s name on the payroll with the larger salary and transmitted the same to the municipal civil service commission for…

2Cases cited2 opinions

  1. People ex rel. Schelpp v. KnoxAppellate Division of the Supreme Court of the State of New York · 1900
  2. People ex rel. Buckley v. RooseveltAppellate Division of the Supreme Court of the State of New York · 1896

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