Long v. . Mayor, Etc., of City of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant entered upon an order overruling a demurrer to defendant’s answer. This action was brought to recover salary alleged to be due plaintiff as alderman.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of defendant entered upon an order overruling a demurrer to defendant’s answer. This action was brought to recover salary alleged to be due plaintiff as alderman. The complaint-alleged in substance that plaintiff was elected to that office in December, 1869, for the term of two years, at an annual salary of $4,000, from January 1, 1870; that he qualified, and entered upon the discharge of the duties of the office; that he has received of his salary the sum of…
1Opinion of the CourtDanforth, J.
The answer contains no denial of the allegations of the complaint, but sets up new matter. The plaintiff has demurred to the answer. For the purposes of the present inquiry, therefore, the allegations in each pleading are to be taken as true. It appears, then, that the plaintiff was elected and qualified as an alderman in December, 1869, and as such became a member of the common council of the city of New York. By the law then in force the term of that office was two years from the 1st of January, 1870, and the annual salary $4,000. He served until the first Monday of June, 1870, when he was…
2Cases cited2 opinions
- Conner v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
- Conner v. MayorThe Superior Court of New York City · 1849
3Cited by19 opinions
- Lanza v. WagnerNew York Court of Appeals · 1962
- State Ex Rel. Voss v. DavisSupreme Court of Missouri · 1967
- State ex rel. Ayers v. KippSouth Dakota Supreme Court · 1898
- People Ex Rel. Deitz v. . HoganNew York Court of Appeals · 1915
- People ex rel. Robertson v. Van GaskinMontana Supreme Court · 1885
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