Nuttall v. Simis
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Nuttall, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings on the 24tli day of November, 1897, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 7th day of December, 1897, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cullen, J. :
This action was brought against the defendants individually for having, as commissioners of charities of the county of Kings,illegally discharged or suspended the plaintiff from his employment as tinsmith in the service of that board, the plaintiff being an honorably discharged soldier of the late war. When the trial ivas entered upon, the plaintiff’s counsel admitted that the plaintiff was employed by the day, but claimed that there was continuous work for a tinsmith. Thereupon the trial court, on motion of the defendants, dismissed the complaint on the ground that the complaint…
2Cases cited3 opinions
- People Ex Rel. Francis v. . Common CouncilNew York Court of Appeals · 1879
- Myers v. MayorNew York Supreme Court · 1893
- Wagner v. CollisAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- McGraw v. . GresserNew York Court of Appeals · 1919
- Manko v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1946