Whitmore v. Mayor of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment on a verdict. (Reported below, 5 Hun, 195.) This action was brought to recover a balance of salary alleged to be due plaintiff as clerk of the district court of the city of New York for the third judicial district.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment on a verdict. (Reported below, 5 Hun, 195.) This action was brought to recover a balance of salary alleged to be due plaintiff as clerk of the district court of the city of New York for the third judicial district. The salary of such clerk is fixed by chapter 138 of the Laws of 1872, at $3,000 per annum. The board of estimate and apportionment of the city and county of New York, under and pursuant…
1Opinion of the Court
Per Ouriam.
We are of the opinion that the act, chapter 335 of the Laws of 1873, authorizing the board of apportionment to fix the salaries of all officers paid from the city treasury, does not include any but city officers, such as are connected with political organization of the city government. The act is entitled “An act to reorganize the local government of the city of Eew York.”
The plaintiff is not such an officer, but is a judical officer, embraced within, the judiciary system of the State. (Quinn v. Mayor, etc., 44 How. Pr., 266; affirmed in this court, 53 N. Y., 627; London v. Mayor,…
2Cases cited1 opinion
- Quinn v. Mayor of New YorkNew York Supreme Court · 1872
3Cited by31 opinions
- Olmsted v. . MeahlNew York Court of Appeals · 1916
- Collins v. RussellSupreme Court of Georgia · 1899
- Matter of Rushford v. LaguardiaNew York Court of Appeals · 1939
- People Ex Rel. Gilchrist v. . MurrayNew York Court of Appeals · 1878
- People v. FullerNew York Court of General Session of the Peace · 1935
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