Legal Opinion

People ex rel. Murray v. Lindenthal

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 2 opinions

Appeal by the relator, William Murray, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 20th day of May, 1902, denying the relator’s motion for a peremptory writ of mandamus.

1Opinion of the Court

Jenks, J.:

The relator moved for the issue of a writ of peremptory mandamus that the defendants prepare the payrolls of the relator at a certain salary. He deposed that he was appointed a bridgekeeper in 1898 at a certain salary, which was increased in 1900, and after-wards reduced. He contended that the reduction was illegal. The respondents answered that the relator was appointed to the temporary position of bridgekeeper pending the preparation of the appropriate eligible list; that a bridgekeeper was subject to competitive civil service examiniation, but a bridgetender was subject to…

2Cases cited2 opinions

  1. People ex rel. Beck v. ColerAppellate Division of the Supreme Court of the State of New York · 1898
  2. People Ex Rel. Treat v. . ColerNew York Court of Appeals · 1901

3Cited by2 opinions

  1. Hudson Valley Railway Co. v. Boston & Maine RailroadNew York Supreme Court · 1904
  2. Moose v. Town Board of HealthNew York Supreme Court · 1921

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