Rowland v. . Mayor, Etc., City of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made November 4,1878, affirming a judgment in favor of defendant, entered upon an order dismissing plaintiff’s- complaint on trial. (Reported below, 12 J. & S. 559.) This action was brought by plaintiff to recover a balance of salary alleged to be due him and unpaid for his services as an attendant upon the Supreme Court in the coúnty of New York.
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Appeal from judgment of the General Term of the Superior Court of the city of New York, entered upon an order made November 4,1878, affirming a judgment in favor of defendant, entered upon an order dismissing plaintiff’s- complaint on trial. (Reported below, 12 J. & S. 559.) This action was brought by plaintiff to recover a balance of salary alleged to be due him and unpaid for his services as an attendant upon the Supreme Court in the coúnty of New York. The facts are set forth with sufficient particularity in the opinion. ' To constitute an officer, there must be something more than a mere…
1Opinion of the CourtDanforth, J.
It is admitted by the pleadings that in October, 1852, the board of supervisors of the county of New York appointed the plaintiff “an attendant upon the Supreme Court, to attend upon it and to perform the duties required to be performed by him;.” that he entered upon the performance of his duties under this appointment, and continued to perform them up to March 1, 1874; that in 1866 his compensation was fixed by said board at $1,200 per annum, and he has been paid at that rate up to July 19, 1872, but from June, 1870, to July 19, 1872, he received this sum “ under protest.” The foundation for…
2Cases cited1 opinion
- The People Ex Rel. v. . NostrandNew York Court of Appeals · 1871
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- Cadigan v. CrabtreeMassachusetts Supreme Judicial Court · 1901
- Wells v. State ex rel. PedenIndiana Supreme Court · 1911
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