McVay v. City of New York
New York Supreme Court
Action by one McVay against the City of New York to recover salary during his unlawful exclusion from office.
1Opinion of the CourtScott, J.
The plaintiff was appointed on September 23, 1899, a statistician in the bureau of municipal statistics. On October 16, 1899, he was discharged. He sued out a writ of mandamus, claiming that his attempted removal was unlawful, and on April 10, 1900, a final order was entered directing his reinstatement, and he was actually reinstated on October 20, 1900. The order entered in the mandamus proceeding simply restored plaintiff to the position theretofore held by him, leaving the question of his recovery of salary to be thereafter determined. This action is for the salary attached to the position…
2Cases cited7 opinions
- People Ex Rel. Kastor v. . KearnyNew York Court of Appeals · 1900
- People ex rel. Hoeges v. GuilfoyleAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Kastor v. KearnyAppellate Division of the Supreme Court of the State of New York · 1900
- O'Grady v. LowAppellate Division of the Supreme Court of the State of New York · 1902
- People ex rel. White v. ColerAppellate Division of the Supreme Court of the State of New York · 1900
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3Cited by1 opinion
- Major v. DeFrenchWest Virginia Supreme Court · 1982