Legal Opinion

People ex rel. Gaffigan v. Rickerson

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

Decided July 1, 1900PublishedCited by 2 opinions

Appeal by the defendant, Le Roy Riclterson, as comptroller of the city of Troy, from an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of the county of Rensselaer on the 23d day of July, 1900, directing that a peremptory writ of mandamus issue requiring the said Le Roy Rickerson, as comptroller of the city of Troy, to countersign a draft payable to the order of the relator for his salary during the month of March, 1900,…

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Appeal by the defendant, Le Roy Riclterson, as comptroller of the city of Troy, from an order of the Supreme Court, made at the Ulster Special Term and entered in the office of the clerk of the county of Rensselaer on the 23d day of July, 1900, directing that a peremptory writ of mandamus issue requiring the said Le Roy Rickerson, as comptroller of the city of Troy, to countersign a draft payable to the order of the relator for his salary during the month of March, 1900, drawn upon the treasurer of the city of Troy by the board of school commissioners of the city of Troy, and signed by F. E.…

1Opinion of the Court

Kellogg, J. :

The relator was appointed in February, 1900, by the board" of school commissioners of the city of Troy to the place of janitor in school, building Ho. 3 in that city. The city engineer, for the same term, appointed one Thomas Humes to fill the same position, and he presented to the defendant a salary draft for services for the same month in the same building. The defendant does not know which draft to pay or certify to be paid.

The board of school commissioners claim the right to make this appointment under subdivision 5, section 11, chapter 80 of the Laws of 1892, which, so far…

2Cited by2 opinions

  1. Domschke v. CukorAppellate Division of the Supreme Court of the State of New York · 1921
  2. People ex rel. Morrisey v. BolandNew York Supreme Court · 1901

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