Lee v. Mayor & Council
Supreme Court of Delaware
This was an action on the case brought by the plaintiff against the city of Wilmington to recover the amount of salary alleged to be due to him for services to the city in the capacity of Registrar of Deaths, Births and Marriages and Secretary of the Board of Health.
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This was an action on the case brought by the plaintiff against the city of Wilmington to recover the amount of salary alleged to be due to him for services to the city in the capacity of Registrar of Deaths, Births and Marriages and Secretary of the Board of Health. A declaration was filed and a plea of not guilty entered and the case had been brought to issue, when February 6, 1894, a case stated was agreed upon and filed, in and by which the facts were set forth for the opinion of the Court as upon a special verdict. It appeared that the plaintiff was, on the first Thursday in July, 1886,…
1Opinion of the CourtMabvel, J.
*68From this case stated it appears that the only question submitted for the decision of the Court is whether the plaintiff upon the above stated facts had, at the time of the commencement of the action, a right to maintain this action of assumpsit against the defendant.
The first objection urged by the counsel for the defendant is, that the plaintiff cannot in this action try the question of his right to the offices, that being a collateral proceeding.
Judge Dillon, in his work on Municipal Corporation, third edition, § 831, says: “The salary or fees of an officer of a municipal or public…
2Cases cited44 opinions
- Norton v. Shelby CountySupreme Court of the United States · 1886
- People Ex Rel. Ryan v. . GreenNew York Court of Appeals · 1874
- State v. CarrollSupreme Court of Connecticut · 1871
- Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
- Fitzsimmons v. . City of BrooklynNew York Court of Appeals · 1886
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