Callahan v. . Mayor, Aldermen and Commonalty of New York
New York Court of Appeals
This was an action brought in the Marine Court to recover salary alleged to be due and unpaid plaintiff’s testator, as assistant sergeant-at-arms of the board of aldermen. Defendant appeared and answered by attorney. At the close of the evidence said attorney moved to dismiss the complaint on the ground, among others, that the Marine Court “ had no jurisdiction of the action or of the defendant,” which motion was denied, and judgment directed for plaintiff.
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This was an action brought in the Marine Court to recover salary alleged to be due and unpaid plaintiff’s testator, as assistant sergeant-at-arms of the board of aldermen. Defendant appeared and answered by attorney. At the close of the evidence said attorney moved to dismiss the complaint on the ground, among others, that the Marine Court “ had no jurisdiction of the action or of the defendant,” which motion was denied, and judgment directed for plaintiff. The judgment was affirmed by the General Term of the Marine Court, but was reversed by the General Term of the Court of Common Pleas.…
1Opinion of the Court
P&r Cwriam
opinion for affirmance, for want of jurisdiction of the Marine Court.
All concur.
Judgment affirmed.
2Cited by10 opinions
- Buckles v. . State of New YorkNew York Court of Appeals · 1917
- Western Construction Co. v. Board of CommissionersIndiana Supreme Court · 1912
- O'Connor v. City of New YorkAppellate Terms of the Supreme Court of New York · 1906
- Butler v. Board of CommissionersIndiana Supreme Court · 1912
- Undritz v. StateNew York Court of Claims · 1943
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