Devoy v. . the Mayor, Etc., of New York
New York Court of Appeals
These cases involve substantially the same questions. The Appellants sued, respectively, as assignees of portions of the salary of Edwin Bouton, a clerk in one of the Police Courts in the city of New York. One of the causes was tried before Judge James, in the Supreme Court, and the other before Judge Monell, in the Superior Court. The Plaintiffs in each recovered, and the judgments were respectively affirmed at General Term.
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These cases involve substantially the same questions. The Appellants sued, respectively, as assignees of portions of the salary of Edwin Bouton, a clerk in one of the Police Courts in the city of New York. One of the causes was tried before Judge James, in the Supreme Court, and the other before Judge Monell, in the Superior Court. The Plaintiffs in each recovered, and the judgments were respectively affirmed at General Term. It was proved that Bouton was appointed Clerk of the First District Police Court, on the 31st of December, 1857, by a resolution of the Mayor and Board of Aldermen,…
1Opinion of the CourtPorter, J.
The officer in -whose right the Respondents recovered was appointed by the city authorities. The claims were well .founded, unless the power of the Mayor and Aldermen to make the appointment was divested by the following provision-, in the 20th section of the. Metropolitan Police Act:- “The Board of Police shall appoint all court clerks, prescribed to the judicial districts in which Police Justices are elected in the city and county of Hew York, and it shall designate the courts at which they shall do. duty respectively (2 Laws, of 1857, 211, 12). The .validity.of this .clause of the…
2Cited by20 opinions
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- State ex rel. Law v. BlendIndiana Supreme Court · 1890
- Copeland v. City of St. JosephSupreme Court of Missouri · 1895
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