In Re People Ex Rel. Dobson
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 1, 1893, which affirmed an order of Special Term denying an application by the relator for a writ of mandamus requiring the fire commissioner of the city of Brooklyn to fix and determine his salary as fireman of the fire department. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 1, 1893, which affirmed an order of Special Term denying an application by the relator for a writ of mandamus requiring the fire commissioner of the city of Brooklyn to fix and determine his salary as fireman of the fire department. The facts, so far as material, are stated in the opinion. This statute being a remedial one and designed to afford relief to a very deserving class of public servants, not being in any way penal in its character or in derogation of the common law, should…
1Opinion of the CourtO’Brien, J.
The relator is the foreman of one of the companies of the fire department of Brooklyn. This proceeding was instituted to compel the defendant, the Fire Commissioner, to fix his salary at a sum’not less than $1,800 per year. On the 29th of June, 1892, the commissioner acted and fixed the salary at $1,700. The relator claims that this was $100 less than the minimum prescribed by the statute. The only question is whether chapter 710 of the Laws of 1892 applies to the case. That act reads as follows :
“ The board of fire commissioners in all cities of this state having, according to the last…
2Cases cited1 opinion
- McKenna v. . EdmundstoneNew York Court of Appeals · 1883
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