Legal Opinion

Smith v. Mayor of New York

New York Court of Common Pleas

Decided November 15, 1862PublishedCited by 2 opinions

This was an appeal from a judgment entered upon the report of a referee. • . • " • ■ . It appeared that one John J. Roof was appointed by Charles Devlin, then Street Commissioner, a Deputy Collector ot -assessments.

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This was an appeal from a judgment entered upon the report of a referee. • . • " • ■ . It appeared that one John J. Roof was appointed by Charles Devlin, then Street Commissioner, a Deputy Collector ot -assessments. That during the suit between one Conover and Devlin, relative to the street commissionership, he was restrained from, exercising his duties as Deputy Collector by an injunction, and that during that time he was, by the direction of Mr. Devlin, present at the Collector’s office, ready to perform any services. required of him, but that the collections were actually made by one…

1Opinion of the Court

By the Court.

Brady J.

John J. Roof, the plaintiff’s assignor, was appointed on the 1st day of July, 1857, a deputy collector of assessments in the bureau of the Collector of Assessments, which formed a part of the street department of the defendants. The appointment was made by Charles Devlin she annointee of the defendants to the' office of Street Commissioner. The right of Devlin to the office was contested bv another claimant, but ultimately declared in his favor. *223Roof's appointment was therefore regalar, and he duly quailfiedhimself to enter upon his duties. He never did, however, perform…

2Cited by2 opinions

  1. Mott v. ConnollyNew York Supreme Court · 1867
  2. Coulter v. MurrayNew York Court of Common Pleas · 1873

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