Demarest v. Mayor, Aldermen and Commonalty
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of the defendant, entered upon an order sustaining a demurrer to plaintiff’s complaint. The nature of the action and the facts are set forth sufficiently in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment in favor of the defendant, entered upon an order sustaining a demurrer to plaintiff’s complaint. The nature of the action and the facts are set forth sufficiently in the opinion. The establishment by the act of 1873 (chap. 335, § 4) of the minority system of representation and inode of electing the board of aldermen was in direct conflict with article two, section one of the State Constitution. (Const, of N. Y., art. 1, § 1; Taylor v. Porter, 4 Hill, 140; Norman v. Heist, 5…
1Opinion of the CourtEarl, J.
This action was brought by the plaintiff to recover a salary, as assistant alderman of the city of Hew York, for the year 1875. He claims that he was elected to the office in the fall of 1874 ; and while he does not claim that he rendered any service or performed any duties as such assistant alderman, he alleges that he offered to perform the duties of the office, and was at all times during the year ready to do so.
The only question I propose to consider is whether, during the year 1875, there was in the city of Hew York such an office as assistant alderman.
It was provided in the Dongan…
2Cases cited1 opinion
- The People v. . PinckneyNew York Court of Appeals · 1865
3Cited by15 opinions
- People Ex Rel. Devery v. . ColerNew York Court of Appeals · 1903
- Knapp v. FasbenderNew York Court of Appeals · 1956
- State v. Trustees of the Freeholders & CommonaltyAppellate Division of the Supreme Court of the State of New York · 1984
- People ex rel. Squires v. HandAppellate Division of the Supreme Court of the State of New York · 1913
- D'Addario v. McNabNew York Supreme Court · 1973
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