Finneran v. City of Burlington
Supreme Court of Vermont
Special Assumpsit. Plea, the general issue. Trial by court at the September Term, 1911, Chittenden County, Stanton, J., presiding. Judgment, pro forma, for the plaintiff. The defendant excepted. The opinion states the case. Having been removed from the office of policeman, even though such removal were wrongful, an action to enforce payment of salary cannot be brought until the right to the office is established by a proper proceeding for reinstatement.
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Special Assumpsit. Plea, the general issue. Trial by court at the September Term, 1911, Chittenden County, Stanton, J., presiding. Judgment, pro forma, for the plaintiff. The defendant excepted. The opinion states the case. Having been removed from the office of policeman, even though such removal were wrongful, an action to enforce payment of salary cannot be brought until the right to the office is established by a proper proceeding for reinstatement. ThrooP' on Public Officers, §510; 29 Cyc. 1429; Van Sant v. Atlantic Oily, 53 Atl. 701; Queen v. City of Atlanta, 59 G-a. 318; Gibbs v.…
1Opinion of the CourtPowers, J.
At the time this controversy arose the charter of the defendant city was contained in No. 261, Acts of 1906. Section 181 of that act provides for a regular police force. It also provides that applications for positions on that force shall be filed with the board of police commissioners; and that, after *3examination, the names of such applicants as are deemed by the board qualified for and eligible to the position shall be certified to the mayor between specified dates. Section 182 provides that the mayor shall, from time to time as the needs of the city require, appoint from the applicants so…
2Cases cited11 opinions
- Nichols v. . MacLeanNew York Court of Appeals · 1886
- Andrews v. City of PortlandSupreme Judicial Court of Maine · 1887
- Stadler v. City of DetroitMichigan Supreme Court · 1865
- City of Chicago v. LuthardtIllinois Supreme Court · 1901
- Andrews v. KingSupreme Judicial Court of Maine · 1885
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3Cited by2 opinions
- Grinnell v. WilkinsonSupreme Court of Rhode Island · 1916
- Hubacz v. Village of WaterburyVermont Superior Court · 2016