Nichols v. . MacLean
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 10, 1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made March 10, 1884, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial. This action was originally brought by Sydney P. Nichols to recover damages for the alleged unlawful usurpation by defendant, and receipt of the salary of the office of police commissioner of the city of New York, to which plaintiff claimed he was entitled. Pending the appeal to this court said plaintiff died, and the present plaintiff was substituted. Tho…
1Opinion of the CourtAndrews, J.
The facts, upon which this controversy depends, are few and substantially undisputed. The plaintiff was duly appointed police commissioner of the city of New York, for a term of six years from May 1, 1876, and duly qualified and entered upon and discharged the duties of the office until April 18, 1879. On that day the mayor of the city appointed the defendant, MacLean police commissioner for the unexpired term of the plaintiff Nichols, the certificate of appointment reciting that the appointment was made by the mayor in pursuance of chapter 300 of the Laws of 1874, in place of Sidney P.…
2Cases cited16 opinions
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
- Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
- Green v. BurkeNew York Supreme Court · 1840
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Conner v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
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3Cited by70 opinions
- Ball v. State of New YorkNew York Court of Appeals · 1977
- Ekern v. McGovernWisconsin Supreme Court · 1913
- Mial v. Ellington.Supreme Court of North Carolina · 1903
- People Ex Rel. McLaughlin v. Board of Police CommissionersNew York Court of Appeals · 1903
- Matter of CarterCalifornia Supreme Court · 1903
65 more not listed; retrieve them via the Exa API.