French v. City of Lawrence
Massachusetts Supreme Judicial Court
Contract against the city of Lawrence. Writ dated January 27, 1905. The declaration alleged that the plaintiff was appointed and confirmed a police officer of the defendant in the year 1897, and that he performed the duties of a police officer until December 27, 1904; that on said date he was illegally and unjustifiably prevented and restrained from performing the duties of his office by the agents of the defendant city; that the compensation of a police officer as fixed by…
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Contract against the city of Lawrence. Writ dated January 27, 1905. The declaration alleged that the plaintiff was appointed and confirmed a police officer of the defendant in the year 1897, and that he performed the duties of a police officer until December 27, 1904; that on said date he was illegally and unjustifiably prevented and restrained from performing the duties of his office by the agents of the defendant city; that the compensation of a police officer as fixed by the defendant was at the time the plaintiff was so prevented from performing the duties of his office and up to and…
1Opinion of the CourtBraley, J.
By demurring generally the defendant admits all the allegations which are well pleaded, or essential to enable the plaintiff to maintain his action. Chenery v. Holden, 16 Gray, 125. Dole v. Weeks, 4 Mass. 451.
The plaintiff, from anything disclosed by the declaration, was rightfully in possession and exercising the functions of his office, and no material averment is found upon which the defendant relying upon Phillips v. Boston, 150 Mass. 491, 494, can base an argument that if the plaintiff unlawfully has been suspended or removed before he commenced the present action he must be restored to…
2Cases cited9 opinions
- Rindge v. New England Mutual Aid SocietyMassachusetts Supreme Judicial Court · 1888
- Lyons v. MerrickMassachusetts Supreme Judicial Court · 1870
- Phillips v. City of BostonMassachusetts Supreme Judicial Court · 1890
- Williams v. City of GloucesterMassachusetts Supreme Judicial Court · 1889
- Norton v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1902
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3Cited by6 opinions
- Ransom v. City of BostonMassachusetts Supreme Judicial Court · 1907
- Branche v. City of FitchburgMassachusetts Supreme Judicial Court · 1940
- Weil v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1914
- Grudain v. IngrahamMassachusetts District Court, Appellate Division · 1961
- McCaffrey v. City of CambridgeMassachusetts District Court, Appellate Division · 1944
1 more not listed; retrieve them via the Exa API.