Hadley v. . Mayor
New York Court of Appeals
This action was originally commenced by James Conlon, as plaintiff, to recover his salary or compensation as one of the policemen of the city of Albany for a part of the year 1857. Pending the suit, and after the trial, Mr. Hadley succeeded to his rights by assignment, and was substituted as plaintiff— Conlon having died.. The defense set up was, that Conlon had been removed from his office prior to the time for which the salary in arrear was claimed.
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This action was originally commenced by James Conlon, as plaintiff, to recover his salary or compensation as one of the policemen of the city of Albany for a part of the year 1857. Pending the suit, and after the trial, Mr. Hadley succeeded to his rights by assignment, and was substituted as plaintiff— Conlon having died.. The defense set up was, that Conlon had been removed from his office prior to the time for which the salary in arrear was claimed. It was admitted by the pleadings that Conlon was duly appointed, by the common council of the city, a policeman, for the term of two years from…
1Opinion of the Court
Denio, Oh. J.
There being no conclusions of fact found by the judge, the only questions which are open for examination upon this appeal are those which arise upon the exceptions to rulings taken in the course of the trial.
The election for mayor and other officers in 1856 was held on the day appointed by law, the second Tuesday (8th day) of April, and the terms of the newly chosen officers commenced on the first Tuesday of May thereafter. (Laws, 1855, ch. 196, §§ 1, 2, 3.) The law requires the inspectors of election to file a statement and certificate, setting forth the number of votes given…
2Cited by39 opinions
- McVeany v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1880
- Ransom v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Moulton v. ReidSupreme Court of Alabama · 1875
- Hoy v. State, ex rel. BuchananIndiana Supreme Court · 1907
- Parmater v. State ex rel. DrakeIndiana Supreme Court · 1884
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