Van Valkenburgh v. Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Van Valkenburgh, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 28th day of March, 1898, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the New York Trial Term; also from an order entered in said clerk’s office on the 24th day of March, 1898, denying the plaintiff’s motion for a new trial made upon…
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Appeal by the plaintiff, William Van Valkenburgh, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 28th day of March, 1898, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury at the New York Trial Term; also from an order entered in said clerk’s office on the 24th day of March, 1898, denying the plaintiff’s motion for a new trial made upon the minutes.
1Concurrence
Barrett, J. (concurring):
I concur in the result arrived, at by Justice O’Brien, but upon somewhat different grounds. The position of property clerk was, in my judgment, a regular clerkship within the meaning of section 48 of the Consolidation Act (Laws of 1882, chap. 410). What the plaintiff claims is, that under the pretense of abolishing that position, the commissioners unlawfully discharged him. The utmost that can result from the defendant’s admission of. the truth of this claim is, that the effect of what the commissioners did was to remove the plaintiff without information as to the…
2Cases cited6 opinions
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- Terhune v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1882
- Cook v. Mayor of New YorkThe Superior Court of the City of New York and Buffalo · 1894
- People ex rel. Hart v. La GrangeAppellate Division of the Supreme Court of the State of New York · 1896
- Gore v. Mayor of New YorkThe Superior Court of the City of New York and Buffalo · 1893
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