State ex rel. McDonald v. Mayor of Newark
Supreme Court of New Jersey
On demurrer to a replication filed to an answer to an alternative writ of mandamus. Au alternative writ of mandamus was filed on behalf of the relator, Frank N. McDonald, directed to the city of Newark, commanding the respondents to show cause why the common council should not cause the name of the relator to be entered on the pay-roll of the officers and employes of the city of Newark, from August 1st, 1892, to August 18th, 1894, and cause a warrant to be drawn upon the…
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On demurrer to a replication filed to an answer to an alternative writ of mandamus. Au alternative writ of mandamus was filed on behalf of the relator, Frank N. McDonald, directed to the city of Newark, commanding the respondents to show cause why the common council should not cause the name of the relator to be entered on the pay-roll of the officers and employes of the city of Newark, from August 1st, 1892, to August 18th, 1894, and cause a warrant to be drawn upon the city treasurer, in his favor, for his salary during this period, at the rate of $110 per month. The writ set up that the…
1Opinion of the Court
The opinion of the court' was delivered by
Reed, J.
The relator was elected clerk in the city treasurer’s office by the finance committee of the Newark common council, under the authority conferred upon such committee by section 17 of a supplement to the Newark charter. Pamph. L. 1873, p. 322.
This section provides that the committee on finance shall have power, from time to time, to employ such clerical help and assistance in the office of the comptroller, city treasurer, auditor of accounts and city surveyor, as may be necessary to secure a prompt and efficient performance of the duties…
2Cases cited3 opinions
- Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
- McVeany v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1880
- MacDonald v. City of NewarkSupreme Court of New Jersey · 1893
3Cited by4 opinions
- Ransom v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Stearns, Mayor v. SimsSupreme Court of Oklahoma · 1909
- Council of Chipley v. State of FloridaSupreme Court of Florida · 1933
- Wilkerson v. City of AlbuquerqueNew Mexico Supreme Court · 1919