Cote v. City of Biddeford
Supreme Judicial Court of Maine
Motion by defendant. Assumpsit for the salary of the office of city marshal of Biddeford, from January 24, 1899, the day after plaintiff filed a voluntary petition in bankruptcy, to the date of the writ, being 422 days at $2 per day. Tlie plea was the general issue with the following brief statement: “If the plaintiff ever had a valid cause of action as he alleges, it has long since been lost by his abandonment of the office upon which his alleged claim is founded.”
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Motion by defendant. Assumpsit for the salary of the office of city marshal of Biddeford, from January 24, 1899, the day after plaintiff filed a voluntary petition in bankruptcy, to the date of the writ, being 422 days at $2 per day. Tlie plea was the general issue with the following brief statement: “If the plaintiff ever had a valid cause of action as he alleges, it has long since been lost by his abandonment of the office upon which his alleged claim is founded.” The facts appear in the opinion. Among other things counsel argued : “When a question of fact is expressly submitted to a jury…
1Opinion of the CourtWiswell, C. J.
On March 27, 1893, the plaintiff was duly elected city marshal of the city of Biddeford for the municipal years of 1893 and 1894, by the city council of that city, and upon the same day he qualified by taking the oath of office. On the next day an act of the legislature providing for the establishment of a board of police of the city of Biddeford, chap. 625, special laws of 1893, went into effect. This police board was given authority by the act, “to appoint, establish and organize the police force of said city, including the marshal and deputy marshal, and to remove the same for cause and…
2Cases cited1 opinion
- Phillips v. City of BostonMassachusetts Supreme Judicial Court · 1890
3Cited by7 opinions
- Jones v. DoonanMichigan Supreme Court · 1933
- Nightingale v. WilliamsCalifornia Court of Appeal · 1924
- Joyce v. WebberSupreme Judicial Court of Maine · 1961
- City of San Antonio v. SteingruberCourt of Appeals of Texas · 1915
- Landis, Atty.-Gen'l. Ex Rel. Quigg v. ReeveSupreme Court of Florida · 1932
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