Stemmler v. . Mayor, Etc., of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 19, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial. Upon the defendant’s motion the complaint was dismissed by the court at the conclusion of the plaintiff’s evidence.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 19, 1903, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial. Upon the defendant’s motion the complaint was dismissed by the court at the conclusion of the plaintiff’s evidence. The grounds of the motion were twofold : 1. That the plaintiffs had failed to establish a cause of action against the defendant; and, 2. That chapter 543 of the Laws of 1894, upon which the…
1Opinion of the CourtMartin, J.
Section one of the statute under consideration, after declaring that certain facts should be established and that they might be established by a certified copy of the judgment of the Supreme Court declaring Stemmier duly elected, provided:
1. That there should be furnisned to the board of estimate and apportionment a certificate from the comptroller that no part of said salary for said period had been paid to Stemmier or his representatives;
2. That the board should meet and ascertain the amount of said unpaid salary belonging to Stemmier at the rates fixed by law;
3. That the board or a…
2Cases cited25 opinions
- Sun Printing & Publishing Ass'n v. Mayor of New YorkNew York Court of Appeals · 1897
- Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
- Town of Guilford v. . the Supervisors of Chenango CountyNew York Court of Appeals · 1855
- Matter of the Application of Cooper, Etc.New York Court of Appeals · 1883
- People Ex Rel. Myers v. . BarnesNew York Court of Appeals · 1889
20 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Oswego Syracuse R.R. Co. v. . StateNew York Court of Appeals · 1919
- Antonopoulou v. BeameNew York Court of Appeals · 1973
- Matter of Mullane v. McKenzieNew York Court of Appeals · 1936
- Matter of Barmonde v. KaplanNew York Court of Appeals · 1935
- People v. . FlackNew York Court of Appeals · 1915
35 more not listed; retrieve them via the Exa API.