Nuttall v. Simis
New York Supreme Court
Motion for a new trial, the complaint having been .dismissed as not stating facts sufficient to constitute a cause of action.
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Motion for a new trial, the complaint having been .dismissed as not stating facts sufficient to constitute a cause of action. It alleged that the plaintiff was appointed as a tinsmith by the Board of Commissioners of Charities and Corrections of Kings county, a corporate, bbard composed of defendants as commissioners, at the compensation of $2.75 a day; that theré was permanent need for. the employment of a tinsmith under the said board.;, that the plaintiff was -an honorably discharged-soldier of the late war of the rebellion, and, therefore irremovable from such employment except for cause…
1Opinion of the CourtGaynor, J.
By chapter 119 of the Laws of 1886, as amended by chapter 577 of the Laws of 1892, no'honorably discharged-soldier, sailor or marine, who “ served as such in the Union army or navy during the war of the rebellion, or the Mexican war, and who shall not have served in the Confederate army or navy,” who holds “ a position by appointment in any city or county of this state, receiving a salary from such city or county,” shall be removed except for cause shown after a hearing had. This in so many words relates only to salaried positions, and it has twice been held not to apply to persons - employed…
2Cases cited10 opinions
- People Ex Rel. Francis v. . Common CouncilNew York Court of Appeals · 1879
- Hover v. BarkhoofCommission of Appeals · 1870
- East River Gas-Light Co. v. . DonnellyNew York Court of Appeals · 1883
- Bell v. . PierceNew York Court of Appeals · 1872
- Vail v. OwenNew York Supreme Court · 1854
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