McVeany v. Mayor, Aldermen & Commonalty
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. (Eeported below, 1 Hun, 35.) The nature of the action and the facts appear sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. (Eeported below, 1 Hun, 35.) The nature of the action and the facts appear sufficiently in the opinion. The judgment in the quo warranta proceedings judicially determined plaintiff’s right and title to the office, and this adjudication is not only conclusive on the parties to that action, but on the city and all others in any way affected by the result. (3 Cooley’s Blackstone, 263; People…
1Opinion of the CourtFolgeb, J.
This is an action brought by the plaintiff to recover from the defendant the salary, for the year 1869, of the office of assistant alderman for the ninth aldermanic district in the city of Hew York.
The plaintiff claims that he was duly elected to that office for that year. He gave no paroi proof of that fact. He put in evidence a judgment-roll in the Supreme Court, in the case of the People ex rel. James E. McVeany v. Peter Culkin. From that it appears that the case was an action in the nature of a quo warranta, to test the right of Culkin to the office above named. It was adjudged in that…
2Cases cited6 opinions
- Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
- Conner v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
- Board of Auditors v. BenoitMichigan Supreme Court · 1870
- Hadley v. . MayorNew York Court of Appeals · 1865
- Trotter v. LatsonNew York Supreme Court · 1852
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3Cited by63 opinions
- Clark v. RossierIdaho Supreme Court · 1904
- Andrews v. City of PortlandSupreme Judicial Court of Maine · 1887
- Ransom v. City of BostonMassachusetts Supreme Judicial Court · 1906
- State Ex Rel. Guthrie v. ChapmanWashington Supreme Court · 1936
- Stemmler v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1904
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