Legal Opinion

Cregier v. Mayor of New York

New York Court of Common Pleas

Decided June 16, 1882Published

Case submitted under section 1279 of the Code of Civil Procedure. The .question in difference was as to the amount which the plaintiff was entitled to receive from the defendants as his salary as one of tlie police clerks of the City of New York, and was stated, in the case and submission filed by the parties, as follows: “ It is claimed by George W. Cregier that his salary was fixed at $4000 per annum, by chapter 538 of the Laws of 1873, and has not since been legally…

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Case submitted under section 1279 of the Code of Civil Procedure. The .question in difference was as to the amount which the plaintiff was entitled to receive from the defendants as his salary as one of tlie police clerks of the City of New York, and was stated, in the case and submission filed by the parties, as follows: “ It is claimed by George W. Cregier that his salary was fixed at $4000 per annum, by chapter 538 of the Laws of 1873, and has not since been legally reduced. “ It is claimed by the Mayor, etc., that by chapter 521 of the Laws of 1880, his salary has been reduced to $3000…

1Opinion of the Court

Charles P. Daly, Chief Justice.

The act of 1880 (1 L. 1880, pp. 732, 733, § 2), amending the act of 1873 (L. 1873, p. 844), fixed the salary of the police clerks of the city at $3000. It is claimed by the plaintiff that this does not mean the police clerks designated in section 12 of the amended act, but police clerks’ assistants. I see no ground for such a construction.

The section of the act amended distinguishes particularly between “police clerks” and “police clerks’ assistants.” The former are to be appointed for four years, by a majority of the whole board of police justices voting…

2Cases cited11 opinions

  1. People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
  2. Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
  3. People Ex Rel. McConvill v. HillsNew York Court of Appeals · 1866
  4. In the Matter of Van AntwerpNew York Court of Appeals · 1874
  5. People ex rel. Crowell v. LawrenceNew York Supreme Court · 1862

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