Sans v. City of New York
New York Supreme Court
Action by veteran of the Civil War to recover salary incident to the position from which he was wrongfully removed and to which he was reinstated by peremptory mandamus, without the assessment of his damages.
1Opinion of the CourtMo Adam, J.
The plaintiff, a veteran of the Civil War, sues to recover the salary belonging to him during the interval between his wrongful discharge by the defendant and his reinstatement by means of a peremptory writ of mandamus. The defense is that the justice, in the mandamus proceeding, adjudicated against the plaintiff’s right to the salary claimed. The justice who issued the writ testified that he declined to assess the plaintiff’s damages in said proceedings on the papers submitted to him. This evidence did not tend to impeach the record and was properly admitted. Wood v. Jackson, 8 Wend. 9;…
2Cases cited8 opinions
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
- Snider v. CroyNew York Supreme Court · 1807
- O'Hara v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
- Kerr v. . HaysNew York Court of Appeals · 1866
- People Ex Rel. Goring v. President & Board of Trustees of Wappingers FallsNew York Court of Appeals · 1897
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3Cited by1 opinion
- Gunzburg v. GunzburgNew York Supreme Court · 1979