People ex rel. Farrell v. Sutton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John R. Sutton, as auditor of the city of Brooklyn, from an order of the Supreme Court, made at the Kings- County Special Term and entered in the office of the clerk of the county of Kings on the 9th day of June, 1896, directing that a peremptory writ of mandamus issue, commanding the defendant to audit the relator’s claim for salary, as clerk of the board of supervisors of the county of Kings-and as custodian of records and documents for the months…
Read the full summary
Appeal by the defendant, John R. Sutton, as auditor of the city of Brooklyn, from an order of the Supreme Court, made at the Kings- County Special Term and entered in the office of the clerk of the county of Kings on the 9th day of June, 1896, directing that a peremptory writ of mandamus issue, commanding the defendant to audit the relator’s claim for salary, as clerk of the board of supervisors of the county of Kings-and as custodian of records and documents for the months of January and February, 1896.
1Opinion of the Court
Per Curiam :
"We held in the McGinniss case (People ex rel. McGirnniss v. Palmer, 6 App. Div. 19) that the resolution of the board of super *251visors appointing the relator assistant custodian of the records of the board did not cease to be operative upon the day when the records were by law transferred to the city, in pursuance of chapter 954 of the Laws of 1895, but that it continued until there was in fact an actual physical transfer. Upon appeal the Court of Appeals reversed this decision and adopted as its views the dissenting opinion of Mr. Justice Culler. That view determined that, by…
2Cases cited1 opinion
- People ex rel. McGinniss v. PalmerAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- People ex rel. Deitz v. HoganAppellate Division of the Supreme Court of the State of New York · 1914