McGrath v. Grout
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Suit by Thomas McGrath against Edward M. Grout, as comptroller of the city of New York, and others, to enjoin defendant Grout from paying the salaries of certain officers of the county of Kings. From an order denying a motion to continue a temporary injunction (74 N. Y. Supp. 770), plaintiff appeals.
1Opinion of the CourtWoodward, J.
The plaintiff sues as a taxpayer under the provisions of section 1,925 of the Code of Civil Procedure, and the sole question involved in this appeal is the constitutionality of chapters 704, 705, and 706 of the Laws of 1901. These statutes were designed to provide for changing the method of compensation for the county clerk, the sheriff, and register of the county of Kings from fees to fixed salaries; and as these officers all stand upon an equal footing (Canst, art. 10, § 1), and the provisions of the statutes are in effect the same, it will be unnecessary to consider each chapter…
2Cases cited12 opinions
- People of N.Y. v. . Canal Board of N.Y.New York Court of Appeals · 1874
- People Ex Rel. Kemmler v. . DurstonNew York Court of Appeals · 1890
- Sweet v. . City of SyracuseNew York Court of Appeals · 1891
- Ferguson v. . RossNew York Court of Appeals · 1891
- People Ex Rel. Lee v. Board of SupervisorsNew York Court of Appeals · 1870
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