Legal Opinion
Hammitt v. Gaynor
New York Supreme Court
Decided March 14, 1913PublishedCited by 14 opinions
Action by one Hammitt against one Gaynor and others. Complaint dismissed.
1Opinion of the CourtBischoff, J.
The plaintiff, a taxpayer, seeks to restrain the payment of pensions to municipal employés upon the ground that the statute (chapter 669 of the Laws of 1911), authorizing the payment, is unconstitutional. The statute provides:
“Sec. 165. Any member of the board of estimate and apportionment is hereby authorized, whenever in his judgment it shall be to the interest of the public service, to recommend to said board the retirement from active service of any officer, clerk or employé who shall have been in the employ of the city of New York, or of any of the municipalities, counties or parts…
2Cases cited11 opinions
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- Sun Printing & Publishing Ass'n v. Mayor of New YorkNew York Court of Appeals · 1897
- People Ex Rel. Nechamcus v. Warden of the City PrisonNew York Court of Appeals · 1895
- United States v. HallSupreme Court of the United States · 1879
- Matter of Mahon v. . Bd. of EducationNew York Court of Appeals · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- O'Dea v. CookCalifornia Supreme Court · 1917
- Bowler v. NagelMichigan Supreme Court · 1924
- David v. Veitscher Magnesitwerke Actien GesellschaftSupreme Court of Pennsylvania · 1943
- Douglas v. Pension BoardCalifornia Court of Appeal · 1925
- Bowen v. Board of Trustees of Police Pension FundLouisiana Court of Appeal · 1954
9 more not listed; retrieve them via the Exa API.