Taylor v. Mayor of New York
New York Court of Appeals
These were cross-appeals from a judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. The nature of the action and the facts are set forth sufficiently in the opinion. When a statute respecting the salary of a public official admits of two interpretations, the construction should be favorable to the claims of the official.
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These were cross-appeals from a judgment of the General Term of the Supreme Court in the first judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court on trial without a jury. The nature of the action and the facts are set forth sufficiently in the opinion. When a statute respecting the salary of a public official admits of two interpretations, the construction should be favorable to the claims of the official. (U. S. v. Morse, 3 Story, 91.) It was not the intent of the legislature that the salary of the commissioner of jurors should be dependent…
1Opinion of the Court
Church, Oh. J.
This action was brought to recover a sum claimed to be due the plaintiff for a portion of his salary as commissioner of jurors, from July 1, 1871, to April 1, 1874, and interest thereon, and also a sum for disbursements, over and above fines and penalties received by him. There seems to be no serious dispute in respect to the item for disbursements, amounting to $2,605.16, but several questions arise as to the amount due the plaintiff for salary, and it must be confessed that the acts of the legislature and local authorities have very much complicated the question. The court…
2Cases cited2 opinions
- Quinn v. Mayor of New YorkNew York Supreme Court · 1872
- People Ex Rel. Taylor v. . DunlapNew York Court of Appeals · 1876
3Cited by26 opinions
- Rapid Transit Subway Construction Co. v. City of New YorkNew York Court of Appeals · 1932
- Olmsted v. . MeahlNew York Court of Appeals · 1916
- A. F. Shapleigh Hardware Co. v. Wells & ChestnuttTexas Supreme Court · 1896
- Sweeny v. . City of New YorkNew York Court of Appeals · 1903
- Smith v. . Board of EducationNew York Court of Appeals · 1913
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