Sullivan v. Mayor, Aldermen & Commonalty
New York Court of Common Pleas
The plaintiff was appointed janitor of the sixth district civil court of the city of Mew York, in 1870, and his compensation fixed by the common council.
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The plaintiff was appointed janitor of the sixth district civil court of the city of Mew York, in 1870, and his compensation fixed by the common council. In December, 1873, the board of estimate and apportionment passed the following resolution: “ Besolved, That under the authority conferred upon the board by section 97 of chapter 335 of the Laws of 1873, this board do now fix the salaries of the janitors of district courts at the sum of $1,200, each, per annum, to take effect January 1st, 1874.” Payment at that rate was offered by the defendants and received by the plaintiff, under protest,…
1Opinion of the CourtRobinson, J.
— In the case of Costello agt. The Mayor, &c., of The City of New York, * I have recently held that a clerk employed by the common council is not an officer. A person who does not discharge independent duties, but acts by direction of others, and has no power to bind by his own acts, is not an officer (see cases cited in Costello case; The King agt. Dr. Burnell, Carthew, 478; 1 Dillon’s Municipal Corporations, 146; 2 Harrington, 294; 3 Yeates, 300).
The demurrer is sustained, with leave to defendants to amend on payment of costs.
Which has been recently affirmed by the general term.
2Cases cited1 opinion
- Respublica v. DallasSupreme Court of Pennsylvania · 1801
3Cited by2 opinions
- Matter of Miller v. StateNew York Court of Appeals · 1938
- Gore v. Mayor of New YorkThe Superior Court of the City of New York and Buffalo · 1893