Legal Opinion

Andrews v. City of Portland

Supreme Judicial Court of Maine

Decided August 2, 1887PublishedCited by 47 opinions

On exceptions. The facts are stated in the opinion. Plaintiff is entitled to interest. Swett v. Hooper, 62 Maine, 54; People v. New York, 5 Cowen, 331; Philadelphia v. Rink, 4 Eastern Rep. 642. The plaintiff is entitled to the whole salary without deduction. U. S. v. Addison, 6 Wall. 291; Gostigan v. Mohawk, <&c. R. R. Go. 2 Denio, 609; Allen v. McKeen, 1 Sumner, 315; People v. Miller, 24 Mich. 458 ; (9 Am. R. 131 ) ; Dillon, Mun. Corp. § 235 ; Mayfteldv.

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On exceptions. The facts are stated in the opinion. Plaintiff is entitled to interest. Swett v. Hooper, 62 Maine, 54; People v. New York, 5 Cowen, 331; Philadelphia v. Rink, 4 Eastern Rep. 642. The plaintiff is entitled to the whole salary without deduction. U. S. v. Addison, 6 Wall. 291; Gostigan v. Mohawk, <&c. R. R. Go. 2 Denio, 609; Allen v. McKeen, 1 Sumner, 315; People v. Miller, 24 Mich. 458 ; (9 Am. R. 131 ) ; Dillon, Mun. Corp. § 235 ; Mayfteldv. Moore, 53 111. 428 (5 Am. R. 52) ; Nichols v. MacLean, 4 East. R. 294; Saline Go. v. Anderson, 20 Kansas, 298 (27 Am. R. 171) ; Pettitt v.…

1Opinion of the CourtLibbey, J.

The plaintiff was duly appointed city marshal of Portland, March 31, 1883, was duly qualified April 2, 1883, and performed the duties of the office till May 1, 1884, when by proceedings had before the mayor and aldermen of said city, he was formally removed. May 14, 1884, one Decelle was appointed by the mayor, with the advice and consent of the board of aldermen, to said office, to fill the assumed vacancy. He performed the duties of the office under that appointment till March 6, 1885.

The salary of the city marshal was fixed by the city council of Portland, at $1,300 a year, payable…

2Cases cited6 opinions

  1. Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
  2. Fitzsimmons v. . City of BrooklynNew York Court of Appeals · 1886
  3. Nichols v. . MacLeanNew York Court of Appeals · 1886
  4. McVeany v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1880
  5. McCue v. County of WapelloSupreme Court of Iowa · 1881

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3Cited by47 opinions

  1. Bullis v. City of ChicagoIllinois Supreme Court · 1908
  2. City of Chicago v. LuthardtIllinois Supreme Court · 1901
  3. People ex rel. Blachly v. CoffinIllinois Supreme Court · 1917
  4. Sevigny v. City of BiddefordSupreme Judicial Court of Maine · 1975
  5. Ward v. MarshallCalifornia Supreme Court · 1892

42 more not listed; retrieve them via the Exa API.

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