Palmer v. Mayor
The Superior Court of New York City
This was an action of assumpsit brought by the plaintiff, to recover compensation for services performed by him on Sundays, as one of the special justices of the city of New York. Upon the trial, the following facts appeared in evidence: On the 1st of October, 1834, the plaintiff was appointed one of the special justices for the city of New York.
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This was an action of assumpsit brought by the plaintiff, to recover compensation for services performed by him on Sundays, as one of the special justices of the city of New York. Upon the trial, the following facts appeared in evidence: On the 1st of October, 1834, the plaintiff was appointed one of the special justices for the city of New York. His commission expired in 1838, and he was then re-appointed, and continued in office until May 30, 1842. The salary attached to the office was $1600 per year. On the 3d of August, 1836, before his reappointment, a resolution was approved by the…
1Opinion of the Court
By the Court.—Vanderpoel, J.
The question involved in this case was presented to the court more than two years ago, in the case of Henry W. Merritt, and was then decided in favor of the plaintiff. One of the then members of the court did not concur in the conclusion to which it then came. Since that period, a partial change has taken place in the organization of the court, which accounts, in some measure, for the discrepancy between the conclusion in the present case, and the one formerly announced in that of Merritt. The 37th section of the act to reduce general laws relating to the city of…
2Cases cited3 opinions
- Hatch v. MannCourt for the Trial of Impeachments and Correction of Errors · 1835
- Kimball v. BrownNew York Supreme Court · 1831
- Edmondstone v. ThomsonNew York Supreme Court · 1836
3Cited by16 opinions
- Smith v. . WilcoxNew York Court of Appeals · 1862
- Tucker v. WestSupreme Court of Arkansas · 1874
- Haswell v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1880
- Baker County v. BensonOregon Supreme Court · 1901
- Moore v. OwenNew York Supreme Court · 1908
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