Whitmore v. Mayor of New York

New York Court of Appeals

Whitmore v. Mayor of New York

67 N.Y. 21, 1876 N.Y. LEXIS 338

CourtNew York Court of Appeals

DecidedSeptember 19, 1876

StatusPublished

Cited by31 cases

This text of 67 N.Y. 21 (Whitmore v. Mayor of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Whitmore v. Mayor of New York, 67 N.Y. 21, 1876 N.Y. LEXIS 338 (N.Y. 1876).

Pincite

Opinion

Per Ouriam.

We are of the opinion that the act, chapter 335 of the Laws of 1873, authorizing the board of apportionment to fix the salaries of all officers paid from the city treasury, does not include any but city officers, such as are connected with political organization of the city government. The act is entitled “An act to reorganize the local government of the city of Eew York.”

The plaintiff is not such an officer, but is a judical officer, embraced within, the judiciary system of the State. (Quinn v. Mayor, etc., 44 How. Pr., 266; affirmed in this court, 53 N. Y., 627; London v. Mayor, etc., 7 J. & S., 467.)

If the legislature intended to embrace other than strictly city officers, it must be presumed that the statute would'have so declared in express terms. The constitutional question need not be considered.

The judgment should be affirmed.

All concur; Folger, J., absent.

Judgment affirmed.

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