Cain v. Warner
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, George E. Warner, as mayor of the-city of Rochester, and Richard 0. Cartwright, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 19th day of July, 1899, denying the said defendants’ motion to vacate a temporary injunction theretofore granted in the action.
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Appeal by the defendants, George E. Warner, as mayor of the-city of Rochester, and Richard 0. Cartwright, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 19th day of July, 1899, denying the said defendants’ motion to vacate a temporary injunction theretofore granted in the action. This action was brought by the plaintiff, as a taxpayer, to restrain the defendants, the common council of the city of Rochester, from passing any resolution providing for the payment of the defendant Cartwright’s salary as…
1Opinion of the Court
Smith, J.:
The learned judge at Special Term has found that the services rendered by the defendant Cartwright were necessary, and that the police department had authority to employ him therefor, but has continued this injunction on the ground that to attach a fixed salary would be to create an office which would be repugnant to the rule of law forbidding the creation of offices without express statutory authority. His conclusion is not, we think, a logical sequence from his premises. If defendant’s employment were permitted, and his services were of the value of more than $100, he is clearly…
2Cases cited4 opinions
- Twist v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1899
- People, Ex Rel. Ryan v. . FrenchNew York Court of Appeals · 1882
- Miller v. WarnerAppellate Division of the Supreme Court of the State of New York · 1899
- People ex rel. Rae v. YorkAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by4 opinions
- Lake v. Binghamton Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1987
- Mary M. v. ClarkAppellate Division of the Supreme Court of the State of New York · 1984
- Wakefield v. BrophyNew York Supreme Court · 1910
- Heaton v. City of CohoesAppellate Division of the Supreme Court of the State of New York · 1935