Hagan v. City of Brooklyn

Decision Date14 April 1891
PartiesHAGAN v. CITY OF BROOKLYN.
CourtNew York Court of Appeals Court of Appeals

OPINION TEXT STARTS HERE

Appeal from city court of Brooklyn, general term.

Edward F. O'Dwyer, for appellant.

Almet F. Jenks, Corp. Counsel, for respondent.

PER CURIAM.

We think that, under the authorities, this action cannot be supported. The rule deducible from an examination of the various cases on the subject in this state is to the effect that a public officer, unlawfully removed from office, to which another person is appointed, and who acquiesces in such removal, and has not, by certiorari or otherwise, obtained a reversal of the order removing him, or a reinstatement in the vacated term by the board having authority to make it, cannot recover from the corporation the compensation incident to the office, accruing during the period in which he performed no service. Nichols v. MacLean, 101 N. Y. 526, 5 N. E. Rep. 347; McVeany v. Mayor, etc., 80 N. Y. 190;Dolan v. Mayor, etc., 68 N. Y. 274;Fitzsimmons v. City of Brooklyn, 102 N. Y. 536, 7 N. E. Rep. 787. In an action to recover the salary of a public office the title to the office necessarily comes in question, and that question cannot be tried in such action. Hadley v. City of Albany, 35 N. Y. 606. These propositions necessarily lead to an affirmance of the judgments of the courts below. Judgment affirmed. All concur, except FINCH and GRAY, JJ., absent.

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37 cases
  • State ex rel. Gallagher v. Kansas City
    • United States
    • Missouri Supreme Court
    • April 4, 1928
    ...118; Hagerty v. Shedd, 74 Atl. 1055; Jaramillo v. Commissioners, 250 Pac. 729; People ex rel. v. Griffing, 152 N.Y. Supp. 113; Hagan v. City, 126 N.Y. 643; Crowe v. Albee, 169 Pac. 785; Selby v. City, 12 Pac. 377; Hayden v. Council, 47 S.W. 182; Gilbert v. Board, 40 Pac. 264; Rutter v. Burk......
  • State ex rel. Gallagher v. Kansas City
    • United States
    • Missouri Supreme Court
    • April 4, 1928
    ...55 N.W. 118; Hagerty v. Shedd, 74 A. 1055; Jaramillo v. Commissioners, 250 P. 729; People ex rel. v. Griffing, 152 N.Y.S. 113; Hagan v. City, 126 N.Y. 643; Crowe Albee, 169 P. 785; Selby v. City, 12 P. 377; Hayden v. Council, 47 S.W. 182; Gilbert v. Board, 40 P. 264; Rutter v. Burke, 93 A. ......
  • State Div. of Human Rights on Complaint of Geraci v. New York State Dept. of Correctional Services, 1
    • United States
    • New York Supreme Court — Appellate Division
    • November 8, 1982
    ...back pay is barred (see Austin v. Board of Higher Educ. of City of N.Y., 5 N.Y.2d 430, 186 N.Y.S.2d 1, 158 N.E.2d 681; Hagan v. City of Brooklyn, 126 N.Y. 643, 27 N.E. 265; Smith v. Helbraun, 24 A.D.2d 518, 261 N.Y.S.2d 829; Matter of Bush v. Beckmann, 283 App.Div. 1070, Manko v. City of Bu......
  • Crowe v. Wayne County
    • United States
    • Michigan Supreme Court
    • March 16, 1962
    ...of the municipality the compensation incident to the office during the period in which he has performed no service. Hagan v. City of Brooklyn, 126 N.Y. 643, 27 N.E. 265; Phillips v. City of Boston, 150 Mass. 491, 23 N.E. 202; Bernard v. City of Hoboken [Mayor], 27 N.J.Law 413; Throop, Pub.O......
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