Legal Opinion

Cassidy v. City of Brooklyn

New York Supreme Court

Decided December 15, 1869PublishedCited by 7 opinions

Motion for judgment. John Cassidy claimed to recover from the city of Brooklyn compensation for serving as clerk of one of the justices’ courts in that city under statutes referred to in the opinion of the court.

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Motion for judgment. John Cassidy claimed to recover from the city of Brooklyn compensation for serving as clerk of one of the justices’ courts in that city under statutes referred to in the opinion of the court. It appeared that he was nominated by James Lynch, the justice of the sixth district, as clerk of the court of that district, and that the board of aldermen, to whom the nomination was communicated, approved the appointment by a vote of eighteen in favor of it, and none opposed. The mayor, however, vetoed the appointment.

1Opinion of the Court

By the Court.*—Gilbert, J.

The act of 1868 (ch. 689, p. 1522, § 2), confers upon the justice to be appointed and elected thereunder, jurisdiction in all civil and criminal cases, and over all persons arrested or charged with any offenses, and all the jurisdiction, power, and authority in such cases which were possessed by the justices in said city, then in office ; and provides (§ 3) that all laws governing the justices of the peace in said city shall apply to and be binding upon said justice. The act makes no provision for a clerk. The salary of the justice is fixed at five hundred dollars.…

2Cited by7 opinions

  1. People Ex Rel. Ennis v. . SchroederNew York Court of Appeals · 1879
  2. Gleason v. Peerless Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1896
  3. State Ex Rel. Wenzel v. MaySupreme Court of Minnesota · 1933
  4. People ex rel. Lathers v. RaymondAppellate Division of the Supreme Court of the State of New York · 1908
  5. Bogardus v. . the Rosendale Manufacturing CompanyNew York Court of Appeals · 1852

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