Pryor v. City of Rochester
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. On the 1st of March, 1900, the plaintiff was appointed deputy comptroller of the city of Rochester, which was an office created by section 61, chapter 182 of the Laws of 1898, and immediately filed his oath of office and entered upon the discharge of his official duties and has since continued to perform the same.
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Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure. On the 1st of March, 1900, the plaintiff was appointed deputy comptroller of the city of Rochester, which was an office created by section 61, chapter 182 of the Laws of 1898, and immediately filed his oath of office and entered upon the discharge of his official duties and has since continued to perform the same. The penalty of the bond which he was required to give was fixed by the resolution of the common council December 19, 1899, pursuant to section 62 of said act, in…
1Opinion of the Court
Spring, J.:
The White charter (Laws of 1898; chap. 182, § 96, as amd. by ' Laws of 1899, chap/ 581, § 7) prescribes in detail the duties of the board of estimate and apportionment and the mode of performing-the same in conjunction with the common council. Section 96, as so-amended, after providing for the composition and organization of' this board, defines its duties and mode-of procedure as follows: “ Within sixty days after the commencement of each fiscal year,.the board of estimate and apportionment shall make- an estimate of the-several sums of money which they deem necessary to be raised…
2Cases cited3 opinions
- Foot v. . StilesNew York Court of Appeals · 1874
- United States v. FlandersSupreme Court of the United States · 1884
- People ex rel. Brooks v. WattsNew York Supreme Court · 1893
3Cited by3 opinions
- Entwistle v. MurtaughNew York Supreme Court · 1964
- Sullivan v. LaddNew York Supreme Court · 1958
- In re DruryNew York Supreme Court · 1902