Legal Opinion

Langdon v. . Mayor, Etc., of City of N.Y.

New York Court of Appeals

Decided May 11, 1883PublishedCited by 11 opinions

Appeal from judgment of the General Term óf the Supreme Court, in the first judicial department, entered upon an order made June 10, 1882, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. This action was brought to recover a sum alleged to be due plaintiff as salary.

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Appeal from judgment of the General Term óf the Supreme Court, in the first judicial department, entered upon an order made June 10, 1882, which affirmed a judgment in favor of defendant, entered upon an order dismissing plaintiff’s complaint on trial. This action was brought to recover a sum alleged to be due plaintiff as salary. In 1875 the plaintiff was employed as a regular clerk in the bureau of the commissioners of taxes in the finance department of the city of Hew York, at a salary of $1,200 a year; on the 23d of June, 1875, he received a notice from the comptroller informing him that…

1Opinion of the CourtEarl, J.

The plaintiff was a regular clerk in the finance department of the city of Hew York, and was removed because his services were not needed. There was no contract, express or implied, to retain him in the service of the department for any definite time. He held his place subject to the power of the comptroller to remove him at any time under the provisions of the city charter. (Laws of 1873, chap. 335, § 28.) That power was unlimited, except that it was provided that “ no regular clerk or head of bureau shall be removed until he has been informed of the cause of the proposed removal, and has…

2Cases cited1 opinion

  1. People Ex Rel. Munday v. Board of Fire CommissionersNew York Court of Appeals · 1878

3Cited by11 opinions

  1. State v. City of SeattleWashington Supreme Court · 1913
  2. Gillan v. Board of Regents of Normal SchoolsWisconsin Supreme Court · 1894
  3. Heath v. Salt Lake CityUtah Supreme Court · 1898
  4. City of Chicago v. People ex rel. ByrneAppellate Court of Illinois · 1904
  5. State Ex Rel. Hammond v. MaxfieldUtah Supreme Court · 1942

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