Mayor of Jersey City v. Erwin
Supreme Court of New Jersey
On rule to show cause. This suit was brought by James S. Erwin to recover the salary alleged to be due him as the city attorney of Jersey City, for the months of January and February, 1894. The case was tried at the Hudson Circuit, before the judge, without a jury, and the finding was for the plaintiff.
1Opinion of the Court
*283The opinion of the court was delivered by
Beasley, Chief Justice.
This suit was brought by Mr. Erwin, the plaintiff in the suit, to recover the salary which he alleges to be due to him for his services as the attorney of Jersey City.
By the institution of such an action the title of the plaintiff is put in question, as was held in this court in Meehan v. Freeholders of Hudson, 17 Vroom 276, 279.
Upon this subject these undisputed facts appear in the evidence, viz., that the plaintiff below (Erwin) was elected to the office just mentioned by the board of finance of Jersey City, in which body the…
2Cases cited4 opinions
- Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
- Morgan v. QuackenbushNew York Supreme Court · 1856
- McCahon v. Comm'rs of Leavenworth Co.Supreme Court of Kansas · 1871
- People v. Albany and Susquehanna RailroadNew York Supreme Court · 1869
3Cited by7 opinions
- Erwin v. Mayor of Jersey CitySupreme Court of New Jersey · 1897
- Swede v. City of CliftonNew Jersey Superior Court Appellate Division · 1956
- Von Nieda v. BennettSupreme Court of New Jersey · 1936
- Brinkerhoff v. Mayor of Jersey CitySupreme Court of New Jersey · 1900
- Buckler v. BowenCourt of Appeals of Maryland · 2001
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