Dolan v. Mayor of New York
New York Court of Appeals
These were cross appeals from a judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 8 Hun, 440.) The facts are sufficiently stated in the opinion. A de jure officer has the sole right to the salary of his office, and may recover the same from the public treasury, although it has been paid to an intruder.
Read the full summary
These were cross appeals from a judgment of the General Term of the Supreme Court in the first judicial department affirming a judgment in favor of plaintiff, entered upon a verdict. (Reported below, 8 Hun, 440.) The facts are sufficiently stated in the opinion. A de jure officer has the sole right to the salary of his office, and may recover the same from the public treasury, although it has been paid to an intruder. (People v. Nostrand, 46 N. Y., 375, 382; People v. Tieman,, 8 Abb. Pr., 35, 361; Mayor v. Flagg, 6 id., 296, 302; Carroll v. Siebenthaler, 37 Cal., 193; Pearce v. Hawkins, 2…
1Opinion of the CourtAndrews, J.
The plaintiff on the 24th of May, 1872, was duly appointed assistant clerk of the District Court for the sixth judicial district in the city of Hew York, by the justice of that district, pursuant to the provisions of chapter 438 of the laws of 1872.
He thereupon duly qualified and took possession of the office, and held it until the 1st of January, 1873, on which day one Keating, claiming the office by virtue of an appointment made by the justice on the 31st of December, 1872, entered upon and continued to occupy the office until March 1, 1874, and excluded the plaintiff therefrom. On that day…
2Cases cited11 opinions
- People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Wilcox v. SmithNew York Supreme Court · 1830
- The People Ex Rel. v. . NostrandNew York Court of Appeals · 1871
- Smith v. . the Mayor, Etc., of New YorkNew York Court of Appeals · 1868
- Morris v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1846
6 more not listed; retrieve them via the Exa API.
3Cited by103 opinions
- Nichols v. . MacLeanNew York Court of Appeals · 1886
- McVeany v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1880
- Bannerman v. BoyleCalifornia Supreme Court · 1911
- Andrews v. City of PortlandSupreme Judicial Court of Maine · 1887
- Ransom v. City of BostonMassachusetts Supreme Judicial Court · 1906
98 more not listed; retrieve them via the Exa API.