Legal Opinion

Higgins v. Mayor of New York

New York Supreme Court

Decided May 15, 1891PublishedCited by 1 opinion

Exceptions from circuit court, New York county. Action by Daniel A. Higgins against the mayor, etc., of the city of New York. A verdict was directed for plaintiff, and defendant moves for a new trial, on exception ordered to be heard at general term in the first instance.

1Opinion of the CourtDaniels, J.

The plaintiff was employed as a laborer at the dog pound in the city of New York. That employment was terminated, by the act and authority of the mayor, on the 7th of March, 1889, and another person was employed to and afterwards did render the same service. The plaintiff in October following commenced a proceeding by mandamus, to secure his restoration to his position, on the ground that he was an honorably discharged Union soldier of the late war, and that resulted in bis restoration in February, 1890. After that he brought this action to recover his wages during the interval, and a verdict…

2Cases cited5 opinions

  1. McVeany v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1880
  2. Terhune v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1882
  3. Sullivan v. GilroyNew York Supreme Court · 1890
  4. People ex rel. Washburn v. FrenchNew York Supreme Court · 1889
  5. People ex rel. O'Connor v. AdamsNew York Supreme Court · 1889

3Cited by1 opinion

  1. Sullivan v. Mayor of New YorkNew York Supreme Court · 1891

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