People Ex Rel. Onondaga County Savings Bank v. Butler
New York Court of Appeals
Appeal from order of the General Term of the Supreme ■Court in the fourth judicial department, made1 February 5, 1895, which affirmed an order of the Special Term overruling relators’ demurrer to the return to an alternative writ of mandamus and dismissing said writ.
Read the full summary
Appeal from order of the General Term of the Supreme ■Court in the fourth judicial department, made1 February 5, 1895, which affirmed an order of the Special Term overruling relators’ demurrer to the return to an alternative writ of mandamus and dismissing said writ. This was a proceeding to compel defendant, the clerk of Onondaga county, to make and file a search and furnish the Onondaga County Savings Bank with a certified copy thereof ■at and for the compensation prescribed by chapter 520 of the Laws of 1893. Further facts, so far as material, are stated in the opinion. An act ordinarily…
1Opinion of the CourtPeckham, J.
The sole question in this case is whether the provisions of the act known as chapter 520 of the Laws of 1893, and entitled “ An act to make the office of county clerk of Onondaga county a salaried office, and to provide for the management of said office, and to fix the salary of said clerk and deputies,” apply to the county clerk whose term of office commenced on the first day of January, 1895. It would seem as if there ought not to be much difficulty in answering such a question. And yet upon reading the whole act it can be seen that a strict and literal adherence to the very words of the…
2Cases cited2 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Smith v. . the PeopleNew York Court of Appeals · 1872
3Cited by27 opinions
- Farmers National Bank & Trust Co. v. Berks County Real Estate Co.Supreme Court of Pennsylvania · 1939
- Osborne v. International Railway Co.New York Court of Appeals · 1919
- Little v. YoungAppellate Division of the Supreme Court of the State of New York · 1948
- Moskowitz v. La GuardiaNew York Supreme Court · 1944
- Topham v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
22 more not listed; retrieve them via the Exa API.