Legal Opinion

Carmody v. City of Mount Vernon

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 5 opinions

Appeal by the defendant, The City of Mount Vernon, from a, judgment of the'County Court of Westchester county in favor of the plaintiff, entered in the office of the clerk of the county of Westchester on the 18th day of December 1895, upon the decision of the court rendered after a trial before the county judge without a jury.

1Opinion of the Court

Willard Bartlett, J.:

The plaintiff recovered judgment for thirty-seven days’ services in November and December, 1894, as an inspector on the work of grading and macadamizing Sixth avenue in the city of. Mount. Vernon. The sole ground of objection to this judgment is that .the. plaintiff was thus employed without having passed a civil service examination.

" The civil service regulations prescribed by the mayor of Mount Vernon, which were in force at the time of the plaintiff’s employment, classified the officers and employees of the city under several schedules. The only one which could be…

2Cases cited1 opinion

  1. Smith v. . the PeopleNew York Court of Appeals · 1872

3Cited by5 opinions

  1. Albano v. KirbyNew York Court of Appeals · 1975
  2. Wittekind v. KernNew York Supreme Court · 1938
  3. People ex rel. O'Hara v. NevilleNew York Supreme Court · 1908
  4. Hoggett v. City of Mount VernonAppellate Division of the Supreme Court of the State of New York · 1899
  5. Hoggett v. City of Mt. VernonAppellate Division of the Supreme Court of the State of New York · 1899

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