McCormack v. Mayor of New York
The Superior Court of the City of New York and Buffalo
Action by John McCormack against the mayor, aldermen, and commonalty of the city of New York. Judgment for defendant. The action is to recover $246.86 for services alleged to have been rendered by plaintiff, as district superintendent in the department of street cleaning, between April 26, 1894, and March 5, 1895, both dates inclusive.
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Action by John McCormack against the mayor, aldermen, and commonalty of the city of New York. Judgment for defendant. The action is to recover $246.86 for services alleged to have been rendered by plaintiff, as district superintendent in the department of street cleaning, between April 26, 1894, and March 5, 1895, both dates inclusive. The plaintiff was appointed under, chapter 368 of the Laws of 1894, which amends section 704a, which was" added to the consolidation act (section 704) by chapter 269 of the Laws of 1892. The section which relates to this dispute is as follows: “* * * The annual…
1Opinion of the CourtMcADAM, J.
The plaintiff’s case certainly cannot be upheld if reliance is to be placed on the punctuation of the statute. Different punctuation would be needed to indicate that the legislature intended that “extra pay for work on Sundays” should apply to all officials enumerated in the act. Instead of a comma, which is actually used after the word immediately preceding “and extra,” etc., a semicolon would have been the proper mark. The legislature probably had in view the fact that hostlers are the only ones of whom it can be said that in season and out of season the nature of their employment…
2Cases cited13 opinions
- Hatch v. MannCourt for the Trial of Impeachments and Correction of Errors · 1835
- McCarthy v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
- Bright v. Supervisors of the ChenangoNew York Supreme Court · 1820
- Palmer v. MayorThe Superior Court of New York City · 1849
- Luske v. HotchkissSupreme Court of Connecticut · 1870
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3Cited by2 opinions
- Tyrrell v. Mayor of New YorkNew York Court of Appeals · 1899
- Carrere v. DunAppellate Terms of the Supreme Court of New York · 1896