Wittmer v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 12th day of April, 1899, upon the decision of the court rendered after a trial before the court without a jury at the Queens County Trial Term.
1Opinion of the Court
Hatch, J.:
The facts presented in this case are without dispute, and the question to be determined is one of law.
The plaintiff’s assignor, on or about April 20,1896, was appointed deputy city clerk of Long Island City, at a salary of $800 per annum, and entered upon the performance of his duties. He continued therein until February 10,1897, when, by resolution of the common council of the city, such position was abolished. This resolution was attached to the tax budget for that year; and while it does not appear in terms that the resolution was approved by the mayor, yet the case was tried…
2Cases cited6 opinions
- Board of Supervisors v. . EllisNew York Court of Appeals · 1875
- Kramrath v. . City of AlbanyNew York Court of Appeals · 1891
- Haswell v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1880
- In re Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1899
- Gibson v. RoachAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by4 opinions
- Crawford v. HuntArizona Supreme Court · 1932
- Bank of Staten Island v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1902
- O'Sullivan v. KnoxAppellate Division of the Supreme Court of the State of New York · 1900
- O'Sullivan v. KnoxAppellate Division of the Supreme Court of the State of New York · 1900