McGrath v. Grout
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas McGrath, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 27th day of January, 1902, denying the plaintiff’s motion to continue pendente lite a temporary injunction restraining the defendant Edward M. Grout, as comptroller of the city of Mew Yoi;k, from paying the salaries of certain officers of the county of Kings.
1Opinion of the Court
Woodward, J.:
The plaintiff sues as a taxpayer under the provisions of section 1925 of the Code of Civil Procedure, and the sole question involved in this appeal is the constitutionality of chapters 704, 705 and 706 of the Laws of 1901. These statutes were designed to provide for changing the method of compensation for the county clerk, the sheriff and register of the county of Kings, from fees to fixed salaries •; and as these officers all stand upon an equal footing (Const. art. 10, § 1), and the provisions of the statutes are in effect the same, it will be unnecessary to consider each…
2Cases cited9 opinions
- People of N.Y. v. . Canal Board of N.Y.New York Court of Appeals · 1874
- People Ex Rel. Kemmler v. . DurstonNew York Court of Appeals · 1890
- Ferguson v. . RossNew York Court of Appeals · 1891
- People Ex Rel. Lee v. Board of SupervisorsNew York Court of Appeals · 1870
- The People v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
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3Cited by7 opinions
- Schieffelin v. BerryAppellate Division of the Supreme Court of the State of New York · 1926
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- Schieffelin v. BerryNew York Supreme Court · 1926
- City of New York v. The Village of LawrenceAppellate Division of the Supreme Court of the State of New York · 1928
- Claudio v. Village of GreenportNew York Supreme Court · 1967
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