Legal Opinion

In re Palmer

Appellate Division of the Supreme Court of the State of New York

Decided October 15, 1897PublishedCited by 5 opinions

Appeal by George W. Palmer, as comptroller of the city of Brooklyn, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 18th day of June, 1897, denying his motion for a peremptory writ of mandamus commanding Joseph Benjamin, city clerk of the city .of Brooklyn, to pay into the city treasury the sum of $1,146.

1Opinion of the Court

Bradley, J.:

There' is no controversy about the facts. The defendant, during the time in question, was city clerk of the city of Brooklyn. He, as such, clerk, had an- annual salary of $4,000. The -money in question was received by the defendant in the performance of the duty imposed upon him as such city clerk by the statute concerning *181“ naturalization and regulating the procedure in cases of naturalization in courts of this State,” which, among other things, provided that a person making application to become a citizen of the United States should give notice to that effect to the clerk of the…

2Cases cited3 opinions

  1. Board of Supervisors v. . OtisNew York Court of Appeals · 1875
  2. Baker v. . City of UticaNew York Court of Appeals · 1859
  3. Board of Supervisors v. JonesNew York Court of Appeals · 1890

3Cited by5 opinions

  1. People v. NeffAppellate Division of the Supreme Court of the State of New York · 1907
  2. Price v. . County of ErieNew York Court of Appeals · 1917
  3. In re BernardiAppellate Division of the Supreme Court of the State of New York · 1909
  4. In re McCabeNew York Supreme Court · 1924
  5. People ex rel. Wheeler v. HolmesNew York Supreme Court · 1912

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