Ayers v. Hatch
Massachusetts Supreme Judicial Court
Petition, filed May 1, 1899, against the mayor, the seven aldermen, the city clerk and city treasurer of the city of Everett, and William W. Partridge, for a writ of mandamus to determine whether the petitioner or Partridge was an assessor of that city.
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Petition, filed May 1, 1899, against the mayor, the seven aldermen, the city clerk and city treasurer of the city of Everett, and William W. Partridge, for a writ of mandamus to determine whether the petitioner or Partridge was an assessor of that city. At the hearing before Morton, J., it appeared that the petitioner, a veteran of the civil war, was duly appointed and confirmed as an assessor of Everett for the term of three years, and that he entered upon his duties on April 21, 1897, and continued therein until January 16, 1899, when the respondent Hatch, the mayor, removed him, without a…
1Opinion of the CourtMorton, J.
The first question is whether the petitioner is a “ veteran holding an office or employment in the public service ” of the city of Everett within the meaning of St. 1896, c. 517, § 5. *490We think that he is not. It is plain, it seems to us, that the statute was intended to provide for the preference of veterans in the offices and employments coming within the scope of St. 1884, c. 320, commonly known as the civil service act, and the acts in amendment thereof, and that the provisions of § 5 apply to veterans who hold offices and employments under and pursuant to the statutes relating to civil…
2Cases cited2 opinions
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
- Brown v. RussellMassachusetts Supreme Judicial Court · 1896
3Cited by37 opinions
- Attorney General v. TillinghastMassachusetts Supreme Judicial Court · 1909
- State Ex Rel. Nagle v. SullivanMontana Supreme Court · 1935
- Rinaldo v. School Committee of RevereMassachusetts Supreme Judicial Court · 1936
- Fabrizio v. City of QuincyMassachusetts Appeals Court · 1980
- McKenna v. WhiteMassachusetts Supreme Judicial Court · 1934
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