People ex rel. Dennis v. Brennan
New York Supreme Court
THE relator was one of the deputy tax commissioners of the city of Hew York. As such he was entitled to receive a salary of $2000 per year, to be paid by the comptroller out of the county treasury.
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THE relator was one of the deputy tax commissioners of the city of Hew York. As such he was entitled to receive a salary of $2000 per year, to be paid by the comptroller out of the county treasury. His appointment was on the 4th of May, 1859,1 On the 4th of May, 1864, new commissioners of taxes and assessments were appointed by the comptroller of the city of New York, under the supposed authority of the act of 1859, chapter 302. These commissioners, on the 20th of June, 1864, removed the relator from office, and appointed another person in his place, who performed the duties of the office…
1Dissent
Geo. G. Barnand, P. J. (dissenting.)
The relator makes a complete title to the relief he asks for. He was prior to June, 1864, legally appointed a deputy tax commissioner of the city and county of New York, and he has not since been removed. His salary has been fixed in the manner and for the amount provided by law. The money for the salary of the person who was rightfully entitled to this particular office has been paid into the treasury, and it has not been paid to the relator. It is made the duty of the comptroller to pay the same “ out of the county treasury.” Mandamus is the proper remedy…
2Cases cited4 opinions
- People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
- Wilcox v. SmithNew York Supreme Court · 1830
- People v. CarterNew York Supreme Court · 1859
- Powers v. LockwoodNew York Supreme Court · 1812