Devoy v. Mayor
New York Supreme Court
THIS action was brought to recover the sum of $364.58, alleged to be due to Edwin Bouton, from the defendants, for1 three months’salary as police clerk.
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THIS action was brought to recover the sum of $364.58, alleged to be due to Edwin Bouton, from the defendants, for1 three months’salary as police clerk. The complaint alleged that on or about the 31st day of December, 1857, pursuant to the statute in such case made and provided, the defendants hired, employed and appointed said Bouton as police clerk in one of the police courts of the city of Hew York, at the salary of $1458.35 a year, payable monthly; that in pursuance of his appointment and employment aforesaid, the said Bouton, on or about the day aforesaid, took the oath of office in due…
1Opinion of the Court
By the Court, Ingraham, J.
Edward Bouton was appointed clerk of the first district court, by the mayor and board of aldermen, in December, 1857. He performed the duties of the office for three months. The salary was not paid, and the claim was assigned to the plaintiff. This action is brought to recover the same.
Upon the trial of the action, a certified copy of the oath of office of Bouton, filed in the county clerk’s office, properly certified by the clerk, was offered in evidence and rejected by the court, upon the ground that the original should be produced.
By law, the oaths of all officers…
2Cases cited2 opinions
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- Tims v. StateSupreme Court of Alabama · 1855
3Cited by13 opinions
- People Ex Rel. Farrington v. . MenschingNew York Court of Appeals · 1907
- State ex rel. Law v. BlendIndiana Supreme Court · 1890
- Massenburg v. CommissionersSupreme Court of Georgia · 1895
- State v. ThomasSupreme Court of Missouri · 1897
- Jones v. FortsonSupreme Court of Georgia · 1967
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