Matter of Devoy v. . Craig
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 5, 1921, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the comptroller of the city of New York to draw a warrant in relator’s favor for his salary as general clerk of the Supreme Court, Kings county, from April 16, 1920, to May 1, 1920. A peremptory writ of mandamus should not issue in this case.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 5, 1921, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the comptroller of the city of New York to draw a warrant in relator’s favor for his salary as general clerk of the Supreme Court, Kings county, from April 16, 1920, to May 1, 1920. A peremptory writ of mandamus should not issue in this case. (People ex rel. Gaffigan v. Rickerson, 56 App. Div. 588; People ex rel. Gordon v. Pres., etc., 8 Wkly. Dig. 243; People ex rel.…
1Opinion of the CourtPound, J.
Chapter 21, Laws of 1878, entitled “ An act authorizing the appointment of a person to perform clerical duties, in the supreme court in Kings county,” provides:
“ Section 1. The justices of the supreme court, residing in Kings county, are hereby authorized by an instrument in writing, to appoint and at pleasure remove a person to perform clerical duties, in the supreme court in Kings county. The person so appointed, shall subscribe and file in the clerk’s office, the constitutional oath of office, and, in the absence of the county clerk of Kings county, shall possess all the powers and perform…
2Cases cited4 opinions
- Smith v. Kansas City Title & Trust Co.Supreme Court of the United States · 1921
- Olmsted v. . MeahlNew York Court of Appeals · 1916
- People v. . SutherlandNew York Court of Appeals · 1912
- People Ex Rel. Wogan v. . RaffertyNew York Court of Appeals · 1913
3Cited by4 opinions
- People v. BellNew York Court of Appeals · 1953
- Bane v. City of New YorkNew York Supreme Court · 1937
- People v. BellNew York Court of Appeals · 1953
- Silver v. SilverNew York Court of Appeals · 1975