People ex rel. McGinniss v. Palmer
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, John J. McGinniss, 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 2d day of March, 1896, denying. his motion for a writ of peremptory mandamus to compel the comptroller of the city of Brooklyn to pay him for his services as custodian of records of the late board of supervisors of Kings county.
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Appeal by the relator, John J. McGinniss, 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 2d day of March, 1896, denying. his motion for a writ of peremptory mandamus to compel the comptroller of the city of Brooklyn to pay him for his services as custodian of records of the late board of supervisors of Kings county. The resolutions referred to in the opinion upon which the relator based his claim were as follows : The resolution of the board of supervisors of Kings county, of May 20, 1895, was: “ A…
1Opinion of the Court
Brown, P. J.:
The relator, by this proceeding, seeks to recover his salary for the month of January, 1896, for services rendered in relation to the care ’ and custody of the papers and records of the late board of supervisors of Kings county.
The motion was denied at the Special Term upon the ground that by the express provision of the resolution of said board his term of employment expired on January 1, 1896.
There were no papers read on the motion, except the affidavit of the relator and the resolutions of the board annexed thereto, and there is, consequently, no dispute upon the facts of the…
2Cited by4 opinions
- People ex rel. Deitz v. HoganAppellate Division of the Supreme Court of the State of New York · 1914
- People ex rel. Fuller v. ColerAppellate Division of the Supreme Court of the State of New York · 1898
- In re FullerAppellate Division of the Supreme Court of the State of New York · 1898
- People ex rel. Farrell v. SuttonAppellate Division of the Supreme Court of the State of New York · 1896