Devoy v. Mayor of New York
New York Supreme Court
A PPEAL by the defendants from a judgment entered at a 1a special term, on the verdict of a jury. By an act passed in 1848, (Laws of 1848, p. 249,) the city of New York was divided into six judicial districts, (§§ 1, 7.) By § 3 of said act the common council of said city were to appoint and. fix the salary of a clerk for each of said courts. By § 9 of said act the clerks appointed under the act were to account for and pay into the city treasury all fees and perquisites.
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A PPEAL by the defendants from a judgment entered at a 1a special term, on the verdict of a jury. By an act passed in 1848, (Laws of 1848, p. 249,) the city of New York was divided into six judicial districts, (§§ 1, 7.) By § 3 of said act the common council of said city were to appoint and. fix the salary of a clerk for each of said courts. By § 9 of said act the clerks appointed under the act were to account for and pay into the city treasury all fees and perquisites. By an act passed in 1851, (Laws of 1851, p. 271,) the act of 1848 was amended so that the appointment of police court clerks…
1Opinion of the Court
By the Court,
Ingraham, J.
The question raised in this case was examined and decided in the common pleas, in Canniff v. The Mayor &c. of New York, (4 E. D. Smith, 430.) It was there held that under the act of 1851 the supervisors might fix the salary of the clerk of a police court, and that he could recover the same from the defendants. The same rule would apply to a subsequent increase of salary more especially if such increase was in pursuance of an act of the legislature, or was subsequently ratified by them.
The change of the appointing power from the defendants to the board of police did…
2Cases cited1 opinion
- People ex rel. Lynch v. Mayor of New-YorkNew York Supreme Court · 1841
3Cited by3 opinions
- Smith v. . the Mayor, Etc., of New YorkNew York Court of Appeals · 1868
- State ex rel. Attorney-General v. DavisSupreme Court of Missouri · 1869
- State Ex Rel. Kansas City v. CoonSupreme Court of Missouri · 1927