McGrath v. . Grout
New York Court of Appeals
Appeal from an order of the Appellate Division of the . Supreme Court in the second judicial department, entered February 26, 1902, which affirmed an order of Special Term denying a motion for an injunction to restrain the defendant Grout, as comptroller of the city of New York, from paying the salaries of Charles Guden, as sheriff; of John K. Neal, as register, and of Charles T. Hartzheim, as clerk of the county of Kings.
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Appeal from an order of the Appellate Division of the . Supreme Court in the second judicial department, entered February 26, 1902, which affirmed an order of Special Term denying a motion for an injunction to restrain the defendant Grout, as comptroller of the city of New York, from paying the salaries of Charles Guden, as sheriff; of John K. Neal, as register, and of Charles T. Hartzheim, as clerk of the county of Kings. The facts, so far as material, are stated in the opinion. Chapters 704, 705 and 706 of the Laws of 1901 are unconstitutional and void, if they be treated as imposing any…
1Opinion of the CourtGray, J.
This action was brought by a taxpayer of the city of Hew York to restrain the comptroller of that city from paying the salaries of the defendants, the sheriff, the register and the county clerk of Kings county, upon the ground that certain acts of the legislature, passed in 1901, which affixed salaries to their offices, were unconstitutional. An application by the plaintiff to continue the injunction, which had been temporarily granted upon the commencement of his action, was denied at the Special Term of the Supreme Court, “ as a matter of law,” and the Appellate Division, in the second…
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