Legal Opinion · Dissent

Shaughnessy v. Fornes

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902Published

Appeal by the petitioner, John J. Shaughnessy, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 25th day of April, 1902, denying the petitioner’s motion for a peremptory writ of mandamus.

1Dissent

Laughlin, J. (dissenting):

In the month of December, 1898, the petitioner was appointed assistant sergeant-at-arms to the council, the upper house of th'e municipal assembly, at a salary of $1,000 per annum. He continued to perforin the duties faithfully and satisfactorily until the 1st day of January, 1902, when the council expired, the municipal assembly having been superseded by a board of aldermen. (Laws of 1901, chap. 466.) He is an honorably discharged soldier of the Union army and served in the war of the Rebellion. Due notice of this fact was given the board of aldermen which…

2Cases cited9 opinions

  1. Chittenden v. . WursterNew York Court of Appeals · 1897
  2. Breckenridge v. ScannellNew York Court of Appeals · 1899
  3. People ex rel. Drake v. SuttonNew York Supreme Court · 1895
  4. People ex rel. Tate v. DaltonAppellate Division of the Supreme Court of the State of New York · 1899
  5. People ex rel. Conway v. BarkerNew York Supreme Court · 1895

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