Legal Opinion

People Ex Rel. Satterlee v. . Board of Police

New York Court of Appeals

Decided November 12, 1878PublishedCited by 63 opinions

Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing an order of Special Term, which directed the issuing of a writ of peremptory mandamus directed to the board of police of the city of New York, commanding them to draw their requisition upon the comptroller of the city of New York, requiring him to pay over to the treasurer of said city certain balances claimed to be due him upon his salary as police surgeon.

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Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing an order of Special Term, which directed the issuing of a writ of peremptory mandamus directed to the board of police of the city of New York, commanding them to draw their requisition upon the comptroller of the city of New York, requiring him to pay over to the treasurer of said city certain balances claimed to be due him upon his salary as police surgeon. (Reported below, 12 Hun, 653.) The relator was appointed a police surgeon on September 21, 1873, by the board of police, under a…

1Opinion of the CourtMiller, J.

The relator seeks relief by mandamus against the police commissioners, commanding them to draw their requisition upon the comptroller, compelling him to pay over to the treasurer of said board the balance due the relator for his salary, as a surgeon. The resolution of the board, conferring upon him the appointment, fixes the annual salary at $1,500. The relator claims, however, that the salary is ' established at the sum of $2,250, by statute (S. L. of 1866, chap. 861, § 63), which declares that the salary and compensation of each surgeon shall be the sum last named. The relator was appointed…

2Cases cited3 opinions

  1. Dannat v. Mayor of New YorkNew York Court of Appeals · 1876
  2. People v. TremainNew York Supreme Court · 1859
  3. Sullivan v. Mayor, Aldermen & Commonalty of City of New YorkNew York Court of Appeals · 1873

3Cited by63 opinions

  1. Home Indemnity Co. v. Village of PlymouthOhio Supreme Court · 1945
  2. Glavey v. United StatesSupreme Court of the United States · 1901
  3. Lukens v. NyeCalifornia Supreme Court · 1909
  4. City of Uvalde v. Uvalde Electric & Ice Co.Texas Commission of Appeals · 1923
  5. Kehn v. . State of New YorkNew York Court of Appeals · 1883

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