Legal Opinion

People ex rel. Murray v. Lindenthal

Appellate Division of the Supreme Court of the State of New York

Decided December 9, 1902Published

Appeal from special term. Action for mandamus by the people, on the relation of William Murray, against Gustav Lindenthal, as bridge commissioner, and others. From the denial of a motion for the issuance of the writ, relator appeals.

1Opinion of the CourtJenks, J.

The relator moved for the issue of a writ of peremptory mandamus that the defendants prepare the pay rolls of the relator at a certain salary. He deposed that he was appointed a bridge keeper in 1898 at a certain salary, which was increased in 1900, and afterwards reduced. He contended that the reduction was illegal. The respondents answered that the relator was appointed to the temporary position of bridge keeper pending the preparation of the appropriate eligible list; that a bridge keeper was subject to competitive civil service examination, but a bridge tender was subject to physical…

2Cases cited4 opinions

  1. People ex rel. Beck v. ColerAppellate Division of the Supreme Court of the State of New York · 1898
  2. People Ex Rel. Treat v. . ColerNew York Court of Appeals · 1901
  3. People ex rel. Treat v. ColerAppellate Division of the Supreme Court of the State of New York · 1900
  4. People ex rel. Beck v. ColerAppellate Division of the Supreme Court of the State of New York · 1898

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