Myers v. Mayor
New York Supreme Court
Appeal from circuit court, New York county. Action by Charles Myers, administrator of Charles Myers, deceased, against the mayor, aldermen, and commonalty of the city of New York, to recover compensation for services of plaintiff’s intestate as inspector of regulating and grading streets. From a judgment entered on a verdict directed for plaintiff, defendants.appeal.
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Appeal from circuit court, New York county. Action by Charles Myers, administrator of Charles Myers, deceased, against the mayor, aldermen, and commonalty of the city of New York, to recover compensation for services of plaintiff’s intestate as inspector of regulating and grading streets. From a judgment entered on a verdict directed for plaintiff, defendants.appeal. The plaintiff’s intestate served in the United States navy from 1857 to March 15, 1864, ulieu he was honorably discharged. In October, 1886, he was employed by the department of public works as an inspector of regulating and…
1Opinion of the CourtFollett, J.
A public officer cannot, without his assent, and in the absence of statutory authority, be deprived of the salary attached to his office by being suspended, or prevented by his official superiors from temporarily discharging the duties of his office. So long as he remains a public officer, his right to the salary attached to the office exists. Nothing short of removal from, or abandonment of, his office bars this right. Gregory v. Mayor, etc., 113 N. Y. 416, 21 N. E. Rep. 119. The view we take of this case renders it unnecessary to determine whether the power to remove an officer includes the…
2Cases cited4 opinions
- Gregory v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- Emmitt v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1891
- Rowland v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1880
- Higgins v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1892
3Cited by24 opinions
- In re DawsonAppellate Division of the Supreme Court of the State of New York · 1931
- People ex rel. O'Brien v. CrugerAppellate Division of the Supreme Court of the State of New York · 1896
- First Nat. Bank of Wilkes-Barre v. BarnumDistrict Court, M.D. Pennsylvania · 1908
- Miller v. WarnerAppellate Division of the Supreme Court of the State of New York · 1899
- Wagner v. CollisAppellate Division of the Supreme Court of the State of New York · 1896
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