Jones v. . City of Buffalo
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 19,'1903, reversing a judgment in favor of defendant entered upon a verdict directed by the court and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiffs position was not a public office, and he was not a public officer, but only an employee of the defendant.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 19,'1903, reversing a judgment in favor of defendant entered upon a verdict directed by the court and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiffs position was not a public office, and he was not a public officer, but only an employee of the defendant. The salary does not, therefore, attach to the position, and having rendered no services for the defendant during the time intervening between his…
1Opinion of the CourtO’Brien, J.
The plaintiff was a clerk having charge of a bureau in the police department of the city of Buffalo, and he brought this action to recover his salary. The complaint was dismissed at the trial, but the judgment entered against the plaintiff has been reversed by the court below and a new trial granted. From this order and the judgment entered thereon the city has appealed to this court, stipulating for judgment absolute in case the judgment appealed from is affirmed.
The facts are practically undisputed. It appears that on the 22d day of July, 1896, the plaintiff was appointed to the position…
2Cases cited10 opinions
- McVeany v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1880
- Terhune v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1882
- Higgins v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1892
- O'Hara v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
- Demarest v. Mayor of New YorkNew York Court of Appeals · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Warner v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1961
- Luth v. Kansas CityMissouri Court of Appeals · 1920
- People ex rel. Walker v. AhearnAppellate Division of the Supreme Court of the State of New York · 1910
- White v. HarrellAppellate Division of the Supreme Court of the State of New York · 1934
- Brayer v. LappleAppellate Division of the Supreme Court of the State of New York · 1977
4 more not listed; retrieve them via the Exa API.