Matter of Bryant
New York Court of Appeals
Appeals by the comptroller of the city of Brooklyn from orders of the Appellate Division of the Supreme Court in the second judicial department, entered March IT, 1897, reversing the orders of the Special Term in three cases, and directing the issue of peremptory writs of mandamus requiring the comptroller to pay the relators tlieir wages as armorers and janitor of armories in the city of Brooklyn. The questions involved ai'e similar and the appeals were argued together.
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Appeals by the comptroller of the city of Brooklyn from orders of the Appellate Division of the Supreme Court in the second judicial department, entered March IT, 1897, reversing the orders of the Special Term in three cases, and directing the issue of peremptory writs of mandamus requiring the comptroller to pay the relators tlieir wages as armorers and janitor of armories in the city of Brooklyn. The questions involved ai'e similar and the appeals were argued together. The facts, so far as material, are stated in the opinion. By the ratification of the amended Constitution.in 1894, the…
1Opinion of the CourtBartlett, J.
The relators have been refused payment of their wages on the ground that the county of Kings, by virtue of the provisions of the Constitution of 1894, is no longer liable therefor, and that the claims must be paid out of the state treasury. (Constitution, art. XI, § 3.)
The facts are not disputed. Relator Goedel is the janitor of Troop C. The armory occupied by Troop C is the property of the state, but since 1875 has been in the possession of the county of Kings for military uses.
Relator IVloog is the armorer of the Third Battery and the relator Bryant holds a like position in the Twenty-third…
2Cases cited2 opinions
- Genet v. . City of BrooklynNew York Court of Appeals · 1885
- People v. . FitchNew York Court of Appeals · 1895
3Cited by12 opinions
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- Commonwealth v. SparksCourt of Appeals of Kentucky · 1923
- Claim of Muller v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1919
- Gilmore v. County of PenobscotSupreme Judicial Court of Maine · 1910
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