Legal Opinion

Reif v. Schwab

Appellate Division of the Supreme Court of the State of New York

Decided December 6, 1922PublishedCited by 8 opinions

Appeal by the defendants, Frank X. Schwab and others, from a peremptory mandamus order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 26th , day of October, 1922, commanding said Ross Graves, as commissioner of finance and accounts of the city of Buffalo, to countersign a warrant drawn on the treasurer of that city, authorizing the payment of an alleged balance of salary due the petitioner.

1Opinion of the Court

Davis, J.:

The question here presented differs from that in Matter of Fleischmann v. Graves (118 Misc. Rep. 214; affd., 202 App. Div. 825), where the question was one of the right of the board of education to employ and pay legal counsel; and from that in Matter of Fuhrmann v. Graves (203 App. Div. 507), where the superintendent of schools had been engaged at a fixed salary; and from that in Matter of Pillsbury v. Schwab (204 App. Div. 901), where the petitioner was engaged in educational work and belonged to a class whose salary was regulated to a certain extent by statute, and was increased…

2Cases cited5 opinions

  1. People Ex Rel. Wells Newton Co. v. . CraigNew York Court of Appeals · 1921
  2. Matter of Hirshfield v. . CookNew York Court of Appeals · 1919
  3. Taylor v. Mayor of New YorkNew York Court of Appeals · 1876
  4. Fleischmann v. GravesNew York Supreme Court · 1922
  5. Fuhrmann v. GravesAppellate Division of the Supreme Court of the State of New York · 1922

3Cited by8 opinions

  1. Board of Education v. KingAppellate Division of the Supreme Court of the State of New York · 1952
  2. McDonnell v. City of New Haven & New Haven City School DistrictSupreme Court of Connecticut · 1923
  3. Board of Education v. DibbleNew York Supreme Court · 1930
  4. Jaffe v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1934
  5. Board of Education v. RogersAppellate Division of the Supreme Court of the State of New York · 1937

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