Chandler v. City of Lawrence
Massachusetts Supreme Judicial Court
Contract by the assignees in bankruptcy of the estate of Baldwin Coolidge to recover the salary due him as city engineer of the defendant, from July 21, 1875, to January 1, 1877. Answer, a general denial.
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Contract by the assignees in bankruptcy of the estate of Baldwin Coolidge to recover the salary due him as city engineer of the defendant, from July 21, 1875, to January 1, 1877. Answer, a general denial. Trial in the Superior Court, without a jury, before Pitman, J., who reported the case for the consideration of this court, in substance as follows: In December 1873, an ordinance was passed by the city council of the defendant, creating the office of city engineer, section one of which was as follows: “ There shall be chosen in the month of January in the year eighteen hundred and…
1Opinion of the CourtGray, C. J.
The ordinance by which the engineer’s office was created expressly reserved to the city council the power to remove him at pleasure. The repeal of that ordinance by the city council, and notice to him of such repeal, operated as a removal. Brackett v. Blake, 7 Met. 835, 339. Knowles v. Boston, 12 Gray, 339.
By the city charter of Lawrence all powers vested in the mayor and aldermen and common council jointly are “ to be exercised by concurrent vote, each board to have a negative upon the other; ” the mayor presides in the board of aldermen, but his separate approval of an ordinance is not…
2Cases cited2 opinions
- Holt v. City CouncilMassachusetts Supreme Judicial Court · 1879
- Bennett v. City of New BedfordMassachusetts Supreme Judicial Court · 1872
3Cited by9 opinions
- Wheelock v. City of LowellMassachusetts Supreme Judicial Court · 1907
- Cullen v. Mayor of NewtonMassachusetts Supreme Judicial Court · 1941
- Commonwealth v. New York Central & Hudson River RailroadMassachusetts Supreme Judicial Court · 1910
- Bailen v. Board of Assessors of ChelseaMassachusetts Supreme Judicial Court · 1922
- Williams v. City of New BedfordMassachusetts Supreme Judicial Court · 1939
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