People Ex Rel. McClelland v. . Roberts
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made December 3, 1895, which affirmed an order of Special Term denying a motion for a writ of peremptory mandamus. The facts, so far as material, are stated in the opinion. The provisions of chapter 354, Laws of 1883, did not originally apply to the department of public works, and are not extended by section 9 of article 5 of the Constitution over that branch of the civil service.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the third judicial department, made December 3, 1895, which affirmed an order of Special Term denying a motion for a writ of peremptory mandamus. The facts, so far as material, are stated in the opinion. The provisions of chapter 354, Laws of 1883, did not originally apply to the department of public works, and are not extended by section 9 of article 5 of the Constitution over that branch of the civil service. (People ex rel. v. Angle, 109 N. Y. 564; C. B. Co. v. Paige, 83 N. Y. 190; Cooley’s Const. Lim. 222; People ex rel. v.…
1Opinion of the CourtO’Brien, J.
The relator, in the month of April, 1895, was appointed to the position of clerk to the collector of canal statistics by the superintendent of public works of the state at a salary of $65 per month. When he applied for his monthly compensation, the defendant, as comptroller of the state, refused to audit or pay the same, and the relator, thereupon, applied for. a peremptory writ of mandamus, to be directed to the comptroller, commanding him to draw his warrant for the payment of the claim. The application for the writ was denied, and the order denying the same affirmed (at General Term.
The…
2Cases cited5 opinions
- Rogers v. . Common Council of BuffaloNew York Court of Appeals · 1890
- People Ex Rel. Killeen v. . AngleNew York Court of Appeals · 1888
- Matter of KeymerNew York Court of Appeals · 1896
- Peck v. . BelknapNew York Court of Appeals · 1892
- In Re Smith v. . Board of SupervisorsNew York Court of Appeals · 1896
3Cited by78 opinions
- Jensen v. General Electric Co.New York Court of Appeals · 1993
- People ex rel. Akin v. KipleyIllinois Supreme Court · 1897
- Chittenden v. . WursterNew York Court of Appeals · 1897
- City of Gaylord v. Gaylord City ClerkMichigan Supreme Court · 1966
- People Ex Rel. Balcom v. . MosherNew York Court of Appeals · 1900
73 more not listed; retrieve them via the Exa API.