Russell v. County of Worcester

The plaintiff’s intestate, Philip J. Bussell, was appointed on January 7, 1937, clerk of the First District Court of Southern Worcester. He presented himself for duty, but the judge of that court would not permit him to serve. On July 29, 1937, he became seventy years of age, and “in no event could occupy the office of clerk of the District Court after that date.” Russell v. Secretary of the Commonwealth, 304 Mass. 181, 186.1 The plaintiff brings *719this action of contract to recover the salary of that office from January 7, 1937.

It appeared that one Francis E. Cassidy, prior to November 3,…