Connor v. County of Erie

Appellate Division of the Supreme Court of New York

Connor v. County of Erie

172 A.D. 934, 156 N.Y.S. 1118

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 15, 1916

StatusPublished

This text of 172 A.D. 934 (Connor v. County of Erie) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Connor v. County of Erie, 172 A.D. 934, 156 N.Y.S. 1118 (N.Y. Ct. App. 1916).

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Opinion

Judgment directed in favor of the defendant upon the submission, without costs. Held, if plaintiff was as he claimed the de jure supervisor, still he did not occupy the office or discharge its duties. His remedy to recover the salary which was paid to the de facto supervisor is against that person, and not against the county. (Stemmler v. Mayor, etc., 179 N. Y. 473; Demarest v. Mayor, 147 id. 203; Jones v. City of Buffalo, 79 App. Div. 328; affd., 178 N. Y. 45.) All concurred.

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Judgment directed in favor of the defendant upon the submission, without costs. Held, if plaintiff was as he claimed the de jure supervisor, still he did not occupy the office or discharge its duties. His remedy to recover the salary which was paid to the de facto supervisor is against that person, and not against the county. (Stemmler v. Mayor, etc., 179 N. Y. 473; Demarest v. Mayor, 147 id. 203; Jones v. City of Buffalo, 79 App. Div. 328; affd., 178 N. Y. 45.) All concurred.

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Bluebook (online)

172 A.D. 934, 156 N.Y.S. 1118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/connor-v-county-of-erie-nyappdiv-1916.

Opinion

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