Harbeck v. Mayor, Aldermen & Commonalty
The Superior Court of New York City
Exceptions ordered to be heard at the first instance at General Term. The plaintiff’s assignor, Edwin Benton, w’as appointed a Police Clerk by the Mayor and Board of Aldermen of a the City of Hew York, on the 31st of December, 1857 and continued in office for six months.
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Exceptions ordered to be heard at the first instance at General Term. The plaintiff’s assignor, Edwin Benton, w’as appointed a Police Clerk by the Mayor and Board of Aldermen of a the City of Hew York, on the 31st of December, 1857 and continued in office for six months. This action was to recover two months’ salary, namely, for the months of January and February, 1858. The case was tried on the 19th of December, 1862, before Mr. Justice Mohell and a Jury, and, under the direction of the Court, the Jury rendered a verdict for the plaintiff . for 8326.15. The defendants excepted, and the…
1Opinion of the Court
By the Court—Monell, J.
This case turns upon the question, whether in December, 1857, the appointing power of Police Clerks was in the Mayor and Aldermen, or in the Board of Police. In April, 1855, the Legislature authorized the Mayor and Aldermen, or a majority of them, to meet in convention and appoint the Police Court Clerks, and it is under this statute that it is claimed that the appointment of Benton was legal. In 1857 it was provided by an act of the Legislature that “the Board of Police shall appoint all Court Clerks prescribed to the judicial districts in which Police Justices are…
2Cited by7 opinions
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