Pryor v. . City of Rochester
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 14,1901, upon the submission of a controversy under' sections 1219-1281 of the Code of Civil Procedure. The defendant is a city of the second class, to which chapter 182, laws 1898, and acts amendatory and supplementary thereto apply.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 14,1901, upon the submission of a controversy under' sections 1219-1281 of the Code of Civil Procedure. The defendant is a city of the second class, to which chapter 182, laws 1898, and acts amendatory and supplementary thereto apply. In Uoveniber, 1899, James Johnston ivas elected comptroller of the city of Rochester, duly qualified, and has since performed the duties thereof. On March 1, 1900, he appointed the appellant deputy comptroller, who immediately filed his oath…
1Opinion of the CourtMartin, J.
While two questions were submitted to the Appellate Division for determination, only one is presented by this appeal. Whether the appellant’s salary commenced at the time of his appointment or whether when his bond was filed, has been decided in his favor, and as the defendant has not appealed that question is not presented. Whether, under the general act relating to the government of cities of the second class, the power to fix the plaintiff’s salary as deputy comptroller- conferred upon the board of estimate and apportionment was absolute or merely provisional and subject to change by the…
2Cases cited1 opinion
- People Ex Rel. Dunn v. . HamNew York Court of Appeals · 1901
3Cited by9 opinions
- Grant v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1903
- Matter of Bateman v. Mayor, Etc.New York Court of Appeals · 1928
- Entwistle v. MurtaughNew York Supreme Court · 1964
- John E. Creedon Police Benevolent Ass'n v. City of UticaNew York Supreme Court · 1973
- Sullivan v. LaddNew York Supreme Court · 1958
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