Appellate Division of the Supreme Court of New York, 1903

People ex rel. Corscadden v. Howe

People ex rel. Corscadden v. Howe
Appellate Division of the Supreme Court of New York · Decided November 17, 1903 · Smith
84 N.Y.S. 604 (New York Supplement)

Counsel

J. S. Frost (J. Newton Fiero, of counsel), for appellant., Countryman & Du Bois, for respondent.

People ex rel. Corscadden v. Howe

Opinion of the Court

SMITH, J.

We see no ground for this appeal. The relator has acted and is acting as superintendent of the penitentiary under a salary prescribed by statute, to which he is clearly entitled. He has not been removed by the commission, and, if the right of the commission to remove him be assumed for the argument, until he is removed he is entitled to full for services rendered.

The order should therefore be affirmed, without costs. All concur.

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