In re Agar
New York Supreme Court
Motion for a peremptory writ of mandamus, to issue to John Boyd Thacher, as mayor of the city of Albany, and James Rooney, as chamberlain of the city of Albany, commanding the said John Boyd Thacher, as mayor, to audit, and the said James Rooney, as chamberlain, to pay the claim of the petitioner for services as a bridge tender at the Lawrence street bridge in the city of Albany, ET.
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Motion for a peremptory writ of mandamus, to issue to John Boyd Thacher, as mayor of the city of Albany, and James Rooney, as chamberlain of the city of Albany, commanding the said John Boyd Thacher, as mayor, to audit, and the said James Rooney, as chamberlain, to pay the claim of the petitioner for services as a bridge tender at the Lawrence street bridge in the city of Albany, ET. T. The Lawrence street bridge, over Erie canal, in the city of Albany, was constructed pursuant to chapter 88 of the Laws of 1879, which provided for the erection of the bridge, and that the same should be…
1Opinion of the CourtChase, J.
I am satisfied that the relatór has a valid claim against the city of Albany for the amount of his bills. He was an employee of the state, and in no sense in the civil service of the city of Albany, and the superintendent, of public works was not required to appoint bridge tenders at these canal bridges in the city of Albany, from the eligible list prepared by the board of civil service examiners of such city.
At the 'time of the appointment of the relator the position of bridge tender had not been classified by the state civil service commission, and relator does not come within the decision…
2Cases cited3 opinions
- People Ex Rel. McClelland v. . RobertsNew York Court of Appeals · 1896
- Gilligan v. Town of WaterfordNew York Supreme Court · 1895
- Failing v. City of Syracuse, New York County Courts1893
3Cited by1 opinion
- In re the Final Accounting of BowlbyNew York Supreme Court · 1901