Devlin v. City of New York
City of New York Municipal Court
Action by Eugene S- Devlin against the City of New York. Judgment for defendant, dismissing the action on the merits.
1Opinion of the CourtSpiegelberg, J.
[1] The plaintiff, an inspector of foods in the department of health of the city of New York, left the city in the beginning of the month of December, 1912, on private business, without having obtained leave of absence, and remained away until early id April, 1913, when he resumed his duties in the department. Upon his return he applied for leave of absence for the time that he was away, and it was granted to him, but without pay. He now brings this action for salary for the period from December 1, 1912, to April 1, 1913, on the ground that, being a public officer, the salary was an incident…
2Cases cited10 opinions
- People Ex Rel. Hoefle v. . CahillNew York Court of Appeals · 1907
- Emmitt v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1891
- People v. . SalomonNew York Court of Appeals · 1914
- Smith v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1896
- People ex rel. Grimshaw v. PrendergastNew York Supreme Court · 1909
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3Cited by3 opinions
- State Ex Rel. Nagle v. PageMontana Supreme Court · 1934
- Canteline v. McClellanNew York Supreme Court · 1939
- Trestrail v. Drewes, Pennsylvania Court of Common Pleas, Delaware County1935