Lethbridge v. . Mayor, Etc., of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Yew York, entered upon an order made July 2, 1891, which amended, and as amended, affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff to recover salary alleged to be due him as a clerk in the department of public works of the city of Yew York. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Superior Court of the city of Yew York, entered upon an order made July 2, 1891, which amended, and as amended, affirmed a judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term. This action was brought by plaintiff to recover salary alleged to be due him as a clerk in the department of public works of the city of Yew York. The facts, so far as material, are stated in the opinion. The agreement between the commissioner of public works and the plaintiff, that the latter should be paid from the specific…
1Opinion of the CourtO’Brien, J.
The plaintiff has recovered a judgment for salary, at the rate of $1,000 per annum, for the period of two-years, six months and nineteen days, from the 20th day of January, 1887. During that period, he rendered no service, but claims that as he had not been removed from his position, he was entitled to the salary. On the 15th of May, 1886, the commissioner of public works notified the plaintiff in writing that he was'promoted from the position of laborer and appointed clerk in the department of public works, at $1,000 per year, “ to be paid from the appropriation for repairing and renewal of…
2Cases cited4 opinions
- Gregory v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- People Ex Rel. Munday v. Board of Fire CommissionersNew York Court of Appeals · 1878
- Donovan v. . the Mayor, C., of N.Y.New York Court of Appeals · 1865
- People ex rel. Evans v. Board of CommissionersNew York Supreme Court · 1880
3Cited by25 opinions
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- State ex rel. Quintin v. EdwardsMontana Supreme Court · 1910
- Fitzsimmons v. O'NeillIllinois Supreme Court · 1905
- Leary v. PhiladelphiaSupreme Court of Pennsylvania · 1933
- Funston v. District School Board, Etc.Oregon Supreme Court · 1929
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