Green v. Mayor
New York Court of Common Pleas
Appeal from judgment of a district court. This action was brought by the plaintiff, who was a justice of one of the district courts in the city of New York, to recover his salary as such officer. In a former action brought in the New York Common Pleas upon the same facts the defendants had answered, and the plaintiff’s demurrer to the answer had been overruled.
Read the full summary
Appeal from judgment of a district court. This action was brought by the plaintiff, who was a justice of one of the district courts in the city of New York, to recover his salary as such officer. In a former action brought in the New York Common Pleas upon the same facts the defendants had answered, and the plaintiff’s demurrer to the answer had been overruled. (See the proceedings reported 5 Ante, 503.) In the present action, which was brought in a district court, the plaintiff had judgment, from which the defendants now appealed.
1Opinion of the Court
By the Court.*—Brady, J.
In this case the theory of the defence is, that the Corporation having no funds to pay the plaintiff’s claim, and no power to raise it in presentí, they are not liable. That the Legislature has imposed upon them a pecuniary obligation without giving them the means of discharging it; and that compulsory process should not, therefore, be issued against them. The power of the Legislature to increase the salaries of the justices of the district courts was not questioned on the argument—it could not well be. (People a. Warner, 7 Hill, 81, 82 ; S. C., in error, 2 Den., 272,…
2Cases cited2 opinions
- Warner v. People ex rel. ConnerNew York Supreme Court · 1845
- People ex rel. Lynch v. Mayor of New-YorkNew York Supreme Court · 1841
3Cited by3 opinions
- In re CrokerAppellate Division of the Supreme Court of the State of New York · 1903
- People on rel. Baldwin & Jaycox v. HawsNew York Supreme Court · 1862
- People ex rel. Croker v. SturgisAppellate Division of the Supreme Court of the State of New York · 1903