Hogan v. . Board of Education
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 11, 1910, which affirmed a determination of the Appellate Term reversing an interlocutory judgment of the Municipal Court of the city of New York overruling a demurrer to the complaint and sustaining such demurrer. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 11, 1910, which affirmed a determination of the Appellate Term reversing an interlocutory judgment of the Municipal Court of the city of New York overruling a demurrer to the complaint and sustaining such demurrer. The nature of the action and the facts, so far as material, are stated in the opinion. Under the charter of 1901 the board of education has exclusive control of all matters of public education in the city of New York, including the power to fix the…
1Opinion of the CourtHiscock, J.
Appellant has brought this action to recover compensation claimed to be due to him as a statistician in the employment of the department of education in the city of New York. As the complaint alleges, the claim for compensation is based on a resolution of the board of education increasing appellant’s salary, and the question raised by the demurrer and involved on the appeal is whether said board had the power to raise and thus fix the appellant’s compensation, or whether this power rested exclusively with the board of aldermen of said city.
The latter is manifestly the case, and this seems to…
2Cases cited1 opinion
- Gunnison v. . Bd. of EducationNew York Court of Appeals · 1903
3Cited by17 opinions
- J. A. Preston Corp. v. Fabrication Enterprises, Inc.New York Court of Appeals · 1986
- Matter of Hirshfield v. . CookNew York Court of Appeals · 1919
- In re the Estate HerleNew York Surrogate's Court · 1937
- Pitt v. . Board of EducationNew York Court of Appeals · 1915
- Colbert v. DelaneyAppellate Division of the Supreme Court of the State of New York · 1936
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