Stuber v. Coler
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bird S. Coler, comptroller of the city of Mew Yoi’k, 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 17th day of February, 1900, continuingpendemte lite a temporary injunction restraining the defendant William J. Lynch from certifying to any payroll containing the-name of the defendant John W. Carpenter, as clerk of the Municipal Court of Mew York, borough…
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Appeal by the defendant, Bird S. Coler, comptroller of the city of Mew Yoi’k, 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 17th day of February, 1900, continuingpendemte lite a temporary injunction restraining the defendant William J. Lynch from certifying to any payroll containing the-name of the defendant John W. Carpenter, as clerk of the Municipal Court of Mew York, borough of Brooklyn, third district, and enjoining the defendant Bird S. Coler, as comptroller as aforesaid,, from paying to said…
1Per curiam
We find no difficulty in concurring in the conclusion reached by the learned justice at Special Term, and, with the exception of the-suggestion that the justices in office were appointed by the Legislature, with the reasoning by which that conclusion is reached. The provision of section 1373 of the Greater Mew York charter (Laws of 1897, chap. 378), that the clerks and assistant clerks “ shall be appointed by the justice elected or appointed from said district, as hereinbeforeprovided, and shall hold office for the term of six years from the-date of appointment,” does not require any "narrow…
2Cited by2 opinions
- People ex rel. Domschke v. MessengerAppellate Division of the Supreme Court of the State of New York · 1922
- Stuber v. ColerAppellate Division of the Supreme Court of the State of New York · 1900