Legal Opinion

People Ex Rel. Corscadden v. . Howe

New York Court of Appeals

Decided February 23, 1904PublishedCited by 35 opinions

Appeal, in first action, from an order of the Appellate Division in the third judicial department, entered November 20, 1903, which affirmed an order of Special Term granting a. motion for a peremptory ivrit of mandamus to compel defendant to pay to relator an amount claimed to he due him for salary as superintendent of the Albany County Penitentiary .and to accept from him certain moneys received by him in such capacity.

Read the full summary

Appeal, in first action, from an order of the Appellate Division in the third judicial department, entered November 20, 1903, which affirmed an order of Special Term granting a. motion for a peremptory ivrit of mandamus to compel defendant to pay to relator an amount claimed to he due him for salary as superintendent of the Albany County Penitentiary .and to accept from him certain moneys received by him in such capacity. Cross-appeals, in second action, from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered December 15, 1903, which modified…

1Opinion of the Court

Cullen, J.'

By chapter 261 of the Laws of 1885 the management and care of the Albany penitentiary were vested in a:, board constituted by that act and known as the Albany penitentiary commission. By an amendment in 1895 (Chap. 761) it was enacted that said penitentiary commission (the constitution of which was changed by said amended act) should within fifteen days from June 10, 1895, and each five years thereafter, appoint for a period of five years a superintendent or principal keeper of said penitentiary at an annual salary of three thousand dollars. Hnder these statutory provisions John E.…

2Cases cited17 opinions

  1. In Re SawyerSupreme Court of the United States · 1888
  2. Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
  3. Conner v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
  4. Rathbone v. . WirthNew York Court of Appeals · 1896
  5. The People Ex Rel. Kelly v. . Common CouncilNew York Court of Appeals · 1879

12 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Schieffelin v. Valentine KomfortNew York Court of Appeals · 1914
  2. City of New York v. Village of LawrenceNew York Court of Appeals · 1929
  3. Miller v. City of New YorkNew York Court of Appeals · 1911
  4. Economic Power & Construction Co. v. City of BuffaloNew York Court of Appeals · 1909
  5. Dykeman v. SymondsAppellate Division of the Supreme Court of the State of New York · 1976

30 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API