Matter of Stutzbach v. . Coler
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made June 14, 1901, which reversed an order of Special Term denying an application for a peremptory writ of mandamus commanding the defendant to reinstate the relator in the position of warrant clerk or messenger in the auditing department of the finance department of the city of Mew York and granted the application. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, made June 14, 1901, which reversed an order of Special Term denying an application for a peremptory writ of mandamus commanding the defendant to reinstate the relator in the position of warrant clerk or messenger in the auditing department of the finance department of the city of Mew York and granted the application. The facts, so far as material, are stated in the opinion. The material allegations of the moving affidavit being denied, a peremptory writ could not issue. (People ex rel. v.…
1Opinion of the Court
Parker, Ch. J.
That the comptroller discharged the relator in the performance of what he believed to be a public duty is beyond question. He had submitted to. the board of estimate and apportionment in due time an estimate of the salaries for the year 1901. The amount asked for the finance department was the salary list as shown by the monthly payroll of September, 1900, and the same condition of affairs prevailed in the month of December following. The board of estimate and apportionment, however, awarded an amount less by more than §30,000 than that asked for. It thereupon became the…
2Cases cited2 opinions
- Matter of KeymerNew York Court of Appeals · 1896
- Breckenridge v. ScannellNew York Court of Appeals · 1899
3Cited by34 opinions
- People Ex Rel. Davison v. . WilliamsNew York Court of Appeals · 1914
- Goodrich v. MitchellSupreme Court of Kansas · 1904
- Matter of Seeley v. . StevensNew York Court of Appeals · 1907
- Matter of Clancy v. HalleranNew York Court of Appeals · 1934
- People Ex Rel. Chappel v. . LindenthalNew York Court of Appeals · 1903
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