People ex rel. Joyce v. Van Wart
New York Supreme Court
Motion for a peremptory writ of mandamus to require respondent, the justice of the Municipal Court of the city of Rew York for the second district of the borough of Kings, to certify to the comptroller a pay-roll for relator’s salary as assistant clerk of that court, and permit him to discharge the duties of that office.
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Motion for a peremptory writ of mandamus to require respondent, the justice of the Municipal Court of the city of Rew York for the second district of the borough of Kings, to certify to the comptroller a pay-roll for relator’s salary as assistant clerk of that court, and permit him to discharge the duties of that office. Prior to consolidation, and until January 31, 1898, relator had held a clerkship in the clerk’s office of the Justice’s Court of the second district of the city of Brooklyn, which clerkship was called “ assistant clerk,” and was referred to in the certificate of appointment,…
1Opinion of the CourtGarretson, J.
The relator was appointed to a position, not an office. Whether it was designated “ assistant,” “ assistant clerk,” or “ additional clerk,” is immaterial. His incumbency was to continue during the pleasure of the justice (Laws of 1888, chap. 583,-title 21, § 14), subject to his right to claim the benefits of section 29 of title 22 of the act above cited and of the “ Veteran Act,” being chapter 312 of the Laws of 1884, as amended.
The office of clerk of the Justice’s Court of the second district of the city of Brooklyn, existed by virtue of the section first above cited, but the office of “…
2Cases cited1 opinion
- People ex rel. Batey v. TierneyAppellate Division of the Supreme Court of the State of New York · 1898