Phillips v. . Mayor, Etc., City of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New 'York, in favor of plaintiff, entered upon an order made December 5, 1881, which overruled plaintiff’s exceptions and directed judgment upon an order dismissing plaintiff’s complaint. This action was brought to recover damages for an alleged unlawful removal from his position as a regular clerk in the fire department of the city of New York.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New 'York, in favor of plaintiff, entered upon an order made December 5, 1881, which overruled plaintiff’s exceptions and directed judgment upon an order dismissing plaintiff’s complaint. This action was brought to recover damages for an alleged unlawful removal from his position as a regular clerk in the fire department of the city of New York. The plaintiff was appointed a clerk in the fire department, June, 1874, and was employed in the bureau of the fire marshal. He continued in the…
1Opinion of the CourtEarl, J.
The plaintiff was not an officer specially provided for in- the city charter; that is, the fire commissioners were not required to appoint or keep a clerk specially charged with the duties which the plaintiff performed. Unless prohibited by the provision in the charter which we will quote, the fire commissioners could at any time discharge the plaintiff and abolish or dispense with the office or position which he filled. The provision referred to is found in section 28 of chapter 335 of the Laws of 1873, and is as follows : “ No regular clerk or head of a bureau shall be removed until he has…
2Cited by35 opinions
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- State v. City of SeattleWashington Supreme Court · 1913
- Fitzsimmons v. O'NeillIllinois Supreme Court · 1905
- Garvey v. City of LowellMassachusetts Supreme Judicial Court · 1908
- Hartman v. City of ProvidenceDistrict Court, D. Rhode Island · 1986
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