Legal Opinion

Sullivan v. Mayor, Aldermen & Commonalty of New York

New York Court of Common Pleas

Decided March 15, 1873PublishedCited by 1 opinion

The plaintiff was appointed by justice Lane on the 16th day of March, 1870, janitor of the sixth district court of the city of New York, in pursuance of the provisions of a resolution of the common council of the city of New York, authorizing such appointment, passed and approved March 15th, 1870. He,- thereupon entered upon the performance of his duties and was paid therefor up to January 1st, 1872, at the rate of $1,500 per annum. Subsequently payment was refused.

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The plaintiff was appointed by justice Lane on the 16th day of March, 1870, janitor of the sixth district court of the city of New York, in pursuance of the provisions of a resolution of the common council of the city of New York, authorizing such appointment, passed and approved March 15th, 1870. He,- thereupon entered upon the performance of his duties and was paid therefor up to January 1st, 1872, at the rate of $1,500 per annum. Subsequently payment was refused. The plaintiff demanded monthly his salary from the comptroller, Andrew H. Green, and, after the lapse of ten months, he…

1Opinion of the Court

By the Court, Loew, J.

On theTéth day of March, 1870, a resolution was adopted- by the common council of the city of Yew York, whereby the justices of the several district courts, and the justices assigned to each of the police courts in this city, were authorized and empowered to appoint a-janitor for their respective courts, at an annual salary of $1,500, payable monthly.

This resolution was approved by the mayor on the following day; and, in pursuance thereof, the justice of the sixth district court, on the 16th day of March, 1870, appointed the plaintiff janitor of said court.

The latter at…

2Cases cited3 opinions

  1. Gaskin v. . MeekNew York Court of Appeals · 1870
  2. People ex rel. Failing v. Commissioners of HighwaysNew York Supreme Court · 1869
  3. Tribune Ass'n v. MayorNew York Supreme Court · 1867

3Cited by1 opinion

  1. Sweeny v. Mayor of New YorkNew York Court of Common Pleas · 1874

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