Murtagh v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office'of the clerk'of the county of Queens on the 28th day of June, 1904y upon the decision of the court rendered after a trial before the court without a jury at,the Queens County Trial Term.
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Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office'of the clerk'of the county of Queens on the 28th day of June, 1904y upon the decision of the court rendered after a trial before the court without a jury at,the Queens County Trial Term. The action was brought against the city of New York, as the successor of Long Island City, to recover for services alleged to have been rendered by the plaintiff as a patrolman on the police force of Long Island City between November 23, 1897, and Janu-ary 1, 1898.
1Opinion of the Court
Miller, J.:
The plaintiff alleges that he was duly appointed on the police force as a patrolman, and that he rendered services as such during the period for which he has recovered the judgment appealed from. The answer is a general denial. It was conceded on the trial that he was appointed by the police board of Long Island City on the 23d day of November, 1897, the board which then had the power of appointment for said city, and that he performed services during the period for which he sought to recover salary, but it was insistéd by the defendant that the appointment was void for the reason…
2Cases cited3 opinions
- Fitzsimmons v. . City of BrooklynNew York Court of Appeals · 1886
- Milbank v. . JonesNew York Court of Appeals · 1894
- People Ex Rel. Gleason v. . ScannellNew York Court of Appeals · 1902
3Cited by2 opinions
- Nash v. City of Los AngelesCalifornia Court of Appeal · 1926
- Alfred v. County of Los AngelesCalifornia Court of Appeal · 1980