Demarest v. Mayor of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered January 9,1894, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial at Circuit. The nature of the action and the facts, so _ far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered January 9,1894, which affirmed a judgment in favor of defendant, entered upon an order dismissing the complaint on trial at Circuit. The nature of the action and the facts, so _ far as material, are stated in the opinion. The restrictive clauses of section 4 of chapter 335 of the Laws of 1873, as amended by chapter 757 of the Laws of 1873 and chapter 515 of the Laws of 1874, are interdependent with the other clauses of said section, and cannot he eliminated without destroying the…
1Opinion of the Court
Gray, J..The plaintiff brings this action for himself and as assignee of others to recover the salaries alleged to be due them as aldermen of the city of New York for the year 1877. The claim is that they were elected to such offices pursuant to the act of the legislature, contained in chapter 137 of the Laws of 1870, as amended by chapter 574 of the Laws of 1871; which provided for the election, upon a general ticket from the city at large, of a board of fifteen aldermen. The defense of the city is that those laws were repealed by chapter 335 of the Laws of 1873 and, further, that pursuant…
2Cases cited4 opinions
- Norton v. Shelby CountySupreme Court of the United States · 1886
- Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
- McVeany v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1880
- Frees v. . FordNew York Court of Appeals · 1852
3Cited by22 opinions
- Dodge v. . CorneliusNew York Court of Appeals · 1901
- Stearns, Mayor v. SimsSupreme Court of Oklahoma · 1909
- Kerlin v. City of Devils LakeNorth Dakota Supreme Court · 1913
- Martin v. . City of New YorkNew York Court of Appeals · 1903
- People Ex Rel. Lardner v. . CarsonNew York Court of Appeals · 1898
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