Brennan v. . Mayor
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendants, entered upon an Order dismissing plaintiff’s complaint on trial. This action was brought to recover a balance of salary alleged to be due plaintiff as one of the attendants of the Court of Common Pleas of and for the city and county of New York.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of defendants, entered upon an Order dismissing plaintiff’s complaint on trial. This action was brought to recover a balance of salary alleged to be due plaintiff as one of the attendants of the Court of Common Pleas of and for the city and county of New York. The complaint alleged, in substance, that, on or about March 1st, 1871, plaintiff was duly appointed, by the then comptroller of the city of blew York, an officer or attendant upon the Court of Common Pleas, at a…
1Opinion of the CourtAllen, J.
The plaintiff has been unfortunate in that in pursuing his claim for four months’ service, as an attendant upon one of the courts of the city of Hew York, he has been compelled to test the constitutionality of a general provision of law relating to the courts of the city, and to force to a judicial determination a contest for power between the chief of the financial department of the city and the judges of the local courts of record. Still if the invalidity of any statute under which he took employment, or any defect of power in the officer by whom he was appointed, or any technical…
2Cited by11 opinions
- Buchtel v. EvansOregon Supreme Court · 1891
- McNulty v. . City of New YorkNew York Court of Appeals · 1901
- People Ex Rel. Gleason v. . ScannellNew York Court of Appeals · 1902
- Fitch v. . Mayor, Etc., of the City of N.Y.New York Court of Appeals · 1882
- Hunt v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
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