Legal Opinion

O'Connor v. Walsh

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1903PublishedCited by 7 opinions

Appeal by the defendant, Michael J. Walsh, mayor of the city of Yonkers, county of Westchester, New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 30th day of October, 1902, upon the decision of the court, rendered after a trial at the Westchester Special Term, restraining the defendant from signing certain warrants, with notice of an intention to bring up for review upon such…

Read the full summary

Appeal by the defendant, Michael J. Walsh, mayor of the city of Yonkers, county of Westchester, New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 30th day of October, 1902, upon the decision of the court, rendered after a trial at the Westchester Special Term, restraining the defendant from signing certain warrants, with notice of an intention to bring up for review upon such appeal an order entered in said clerk’s office on the 8th day of October, 1902, allowing the plaintiff to file a bond nunc…

1Opinion of the Court

Hooker, J.:

The complaint alleges that the plaintiff is a taxpayer in the city of Yonkers, a domestic municipal "corporation, and that the defendant is the mayor of that municipality; that one Elmer J. Craft holds the office of page to the common council, or assistant city clerk, in said city, and draws a salary of $1,200 per year, payable monthly, under an appointment by the defendant as mayor; that under the charter of the city of Yonkers no such office as page to the common council, or assistant city clerk, was provided for, and no authority was therein conferred upon the common council or…

2Cases cited3 opinions

  1. Lyddy v. . Long Island CityNew York Court of Appeals · 1887
  2. People ex rel. Niagara Falls Hydraulic Power & Manufacturing Co. v. RussellNew York Supreme Court · 1890
  3. Hyde v. Auditor of BrooklynNew York Supreme Court · 1861

3Cited by7 opinions

  1. Wakefield v. BrophyNew York Supreme Court · 1910
  2. Burns v. City of WatertownNew York Supreme Court · 1925
  3. Beresford v. DonaldsonNew York Supreme Court · 1907
  4. People ex rel. Fulton v. O'RyanSupreme Court of Colorado · 1922
  5. Bachia v. RogersAppellate Division of the Supreme Court of the State of New York · 1916

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API