People ex rel. Lynch v. Mayor of New-York
New York Supreme Court
Motion eob Mandamus. The relator was appointed one of the associate judges of the court of general sesions of the city and county of New-York, under the act for the better organization of the criminal courts of that city, passed 14th May, 1840, and duly entered upon the discharge of the ’duties of his office, on the 20th of the same month, and has [ *681 ] continued to discharge the same down to the 20th November, and since.
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Motion eob Mandamus. The relator was appointed one of the associate judges of the court of general sesions of the city and county of New-York, under the act for the better organization of the criminal courts of that city, passed 14th May, 1840, and duly entered upon the discharge of the ’duties of his office, on the 20th of the same month, and has [ *681 ] continued to discharge the same down to the 20th November, and since. The salary fixed by the statute is $2000 per annum, payable quarterly. The relator applied to the comptroller of the city for payment of the quarters ending 20th August,…
1Opinion of the Court
By the Court,
Nelson, C. J.
The first question presented' is, whether the act of May, 1840, Statutes of 4840, p. 257, for the better [ *682 ] Organization of the criminal courts, in the city of New-York, under which the relator has been appointed associate judge of the general sessions, and which fixes his salary and mode of payment, is unconstitutional and void, not having received the assent of two-thirds of the members elected to each branch, of the legislature, in. pursuance of Art.. 7 § 9, of the constitution.
I had occasion, in the case of The People v. Morris, 13 Wendell, 325, to examine, at…
2Cases cited2 opinions
- People v. MorrisNew York Supreme Court · 1835
- Warner & Ray v. BeersCourt for the Trial of Impeachments and Correction of Errors · 1840
3Cited by32 opinions
- Smith v. . the Mayor, Etc., of New YorkNew York Court of Appeals · 1868
- Morris v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1846
- People Ex Rel. Belden v. Contracting BoardNew York Court of Appeals · 1863
- Kelly v. City of ChicagoIllinois Supreme Court · 1871
- People ex rel. Assyrian Asphalt Co. v. KentIllinois Supreme Court · 1896
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