In re Barhite
Appellate Division of the Supreme Court of the State of New York
Certiorari order granted by the Monroe Special Term on the 15th day of October, 1921, directed to William J. Callister and others, members of and composing the board of supervisors of Monroe county, N. Y., commanding them to certify and return to the office of the clerk of the county of Monroe all and singular their proceedings had in disallowing on October 3,1921, the claim of the petitioner for compensation for services as special county judge and acting surrogate of…
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Certiorari order granted by the Monroe Special Term on the 15th day of October, 1921, directed to William J. Callister and others, members of and composing the board of supervisors of Monroe county, N. Y., commanding them to certify and return to the office of the clerk of the county of Monroe all and singular their proceedings had in disallowing on October 3,1921, the claim of the petitioner for compensation for services as special county judge and acting surrogate of Monroe county on certain days during the years 1916 and 1917.
1Opinion of the Court
Davis, J.:
There is no dispute as to the facts. The petitioner during the years 1916 and 1917 was the duly qualified special county judge of Monroe county, receiving the statutory salary of $4,500 per year. During the same period Selden S. Brown was the surrogate of Monroe county, with a salary fixed by law at $7,000 per year.
At different times during the years 1916 and 1917, to and including the eighteenth day of February of the latter year, the petitioner was legally authorized to-and did act as surrogate, and performed the duties of that office, by reason of the disqualification, absence or…
2Cases cited1 opinion
- People ex rel. Sholes v. Board of Sup'rsNew York Supreme Court · 1894