Legal Opinion

Gilbert v. Board of Supervisors

New York Court of Appeals

Decided November 29, 1892PublishedCited by 6 opinions

Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 16, 1892, which' affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to recover certain sums of money claimed to be due plaintiff as a justice of the Supreme Court. The facts, so far as material, are stated in the opinion.

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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made May 16, 1892, which' affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was brought to recover certain sums of money claimed to be due plaintiff as a justice of the Supreme Court. The facts, so far as material, are stated in the opinion. The amount claimed by the plaintiff as being due him is not a part of the salary or compensation due him as a justice of the Supreme Court, but is a separate and-…

1Opinion of the CourtO'Brien, J.

By an amendment to section 13, article 6 of the State Constitution, which went into effect on the 1st of January, 1881, the following words were added to the section: “ The compensation of every judge of the Court of Appeals and every justice of the Supreme Court, whose term of office shall be abridged pursuant to this provision, and who shall have served as such judge or justice ten years or more, shall be continued during the remainder of the term for which he was elected.” The plaintiff was elected a justice of the Supreme Court for a term of fourteen years, commencing January 1, 1874, and…

2Cases cited1 opinion

  1. People Ex Rel. Bockes v. . WempleNew York Court of Appeals · 1889

3Cited by6 opinions

  1. Bransten v. StateCourt for the Trial of Impeachments and Correction of Errors · 2017
  2. Partridge v. KearnsAppellate Division of the Supreme Court of the State of New York · 1898
  3. In re BrennerNew York Supreme Court · 1901
  4. Bransten v. StateCourt for the Trial of Impeachments and Correction of Errors · 2017
  5. Eileen Bransten v. State of New YorkNew York Court of Appeals · 2017

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