Legal Opinion

Labonte v. Berlin

Supreme Court of New Hampshire

Decided March 3, 1931PublishedCited by 9 opinions

1Opinion of the CourtAllen, J.

I. The plaintiff is entitled to recover for his salary from August 27, 1928, to September 24, 1928. No order of suspension was then in force, and the order of renewal had no retroactive effect. As he was a regular officer, the fact that no work was assigned to him during the period is immaterial, thus differing from the case of a special officer. The exception to the allowance of salary is accordingly overruled as to the part of it thus accrued.

II. The action was brought prior to June, 1929. Recovery in it for any salary accrued after the date on which it was brought cannot be allowed. It is…

2Cases cited3 opinions

  1. Wilson v. North CarolinaSupreme Court of the United States · 1898
  2. State ex rel. Campbell v. Police CommissionersMissouri Court of Appeals · 1884
  3. State ex rel. Julian v. Board of Metropolitan Police CommissionersIndiana Supreme Court · 1907

3Cited by9 opinions

  1. R. A. Holman & Co., Inc. v. Securities and Exchange CommissionCourt of Appeals for the D.C. Circuit · 1962
  2. Russ v. Board of Education of Brunswick CountySupreme Court of North Carolina · 1950
  3. Frederick F. Pordum v. Board of Regents of the State of New YorkCourt of Appeals for the Second Circuit · 1974
  4. State Bd. of Medical Examiners v. WeinerNew Jersey Superior Court Appellate Division · 1961
  5. McKeithen v. City of StamfordSupreme Court of Connecticut · 1962

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