Rowland v. Mayor of New York
The Superior Court of New York City
Appeal from judgment. Plaintiff was appointed, in the year 1852, an attendant or officer upon the supreme court in this county, by the board of supervisors, and continued to hold that position until March 1, 1874. On December 20, 1866, his salary was fixed at the rate of $1,200 per annum, and he was paid at that rate from June 1, 1870, up to the time of his discharge.
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Appeal from judgment. Plaintiff was appointed, in the year 1852, an attendant or officer upon the supreme court in this county, by the board of supervisors, and continued to hold that position until March 1, 1874. On December 20, 1866, his salary was fixed at the rate of $1,200 per annum, and he was paid at that rate from June 1, 1870, up to the time of his discharge. It was claimed on behalf of the plaintiff that, by virtue of a resolution passed by the board of supervisors on May 26, 1870, his salary was fixed, from and after June 1 of that year, at the rate of $1,500 per annum. This suit…
1Opinion of the Court
Freedman, J.,
wrote as follows :—The main question involved has been decided by the court of appeals in Sweeny v. Mayor, &c. (58 N. Y. 625 ; affi’g 5 Daly, 274), and that decision is fatal to plaintiff’s claim. It is an express decision of the question before us, and as such it has never been modified or questioned. The mere fact, therefore, that the reasoning of a few later cases, involving somewhat similar, but really different questions, seems to indicate a change of views, affords no justification for this court for a departure from it.
The judgment should be affirmed, with costs.
Speir, J.,…
2Cases cited1 opinion
- Sweeny v. Mayor of New YorkNew York Court of Common Pleas · 1874