Gunnison v. . Bd. of Education
New York Court of Appeals
Appeal, by permission, from an interlocutory judgment entered April 4, 1903, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which reversed an order of Special Term sustaining a demurrer to the complaint and overruled such demurrer. The following questions were certified: “ I. Ought the demurrer to the complaint in this action be sustained ? “ II.
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Appeal, by permission, from an interlocutory judgment entered April 4, 1903, upon an order of the Appellate Division of the Supreme Court in the second judicial department, which reversed an order of Special Term sustaining a demurrer to the complaint and overruled such demurrer. The following questions were certified: “ I. Ought the demurrer to the complaint in this action be sustained ? “ II. In an action predicated upon a claim for salary alleged to be due teachers under the charter of the Greater Hew York, is the hoard of education the proper party defendant ? “III. In an action to…
1Opinion of the CourtO’Brien, J.
The question in this case is presented by the demurrer to the complaint. The action was to recover an alleged balance of. wages or salary of the plaintiff and other teachers in the public schools of Brooklyn. The defendant demurred to the complaint upon the ground that upon its face it did not state a cause of action, and that the city of New York and not the board of education was the proper party defendant. The only question argued is whether the defendant is liable to be sued on account of the matters and things stated in the complaint.
The complaint contains several causes of action…
2Cases cited16 opinions
- Steinson v. . Bd. of Education of N.Y.New York Court of Appeals · 1901
- People Ex Rel. Callahan v. Board of EducationNew York Court of Appeals · 1903
- McGregor v. . B'd of Ed'n of City of N.Y.New York Court of Appeals · 1887
- Dannat v. Mayor of New YorkNew York Court of Appeals · 1876
- O'Leary v. . Board of Education of City of N.Y.New York Court of Appeals · 1883
11 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Lanza v. WagnerNew York Court of Appeals · 1962
- Titusville Iron Co. v. . City of New YorkNew York Court of Appeals · 1912
- Daniman v. Board of EducationNew York Court of Appeals · 1954
- People Ex Rel. Wells Newton Co. v. . CraigNew York Court of Appeals · 1921
- Matter of Hirshfield v. . CookNew York Court of Appeals · 1919
49 more not listed; retrieve them via the Exa API.