The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-01-29
Common Pleas.
Reiorn n full nanch

JAN 27.-Henry Meigs rs. the Mayor and Corporation.
This was on case brought BY the plaintiff in error VIII.
men of the present clerk Henry Vandervoort The
vas brought originally to recover salary due-and thu
eience set up was that the plaintiff had been legally
moved from Office. The plaintiff denied the right Of tn,
court to remove him he commended that the powei
was illegally constituted, and against the provi.
lions Of the constitution Of the State The plaintiff
laims the amount of balance due him since the 2itl
II September 1892 together with his annual salary
$1,000 from May oath i5al TO the LIST February 1872 Thu
originally tried before Judge Inglis, and
c was rendered for the plaintiff subject 10 the decision
If the court
The Court recognized by the constitution of theistat,
ma vested with the power to appoint and remove th
Clerk OF the Court of Sessions composed of the First
Indge the Mayor the Recorder and the Aldermen OF thu
city, and three of whom, OF which the first Judge, the
rum. The Court in its decision not prepared to
that as regards the validity OF disappointment OF til.
sVciae JUDGES ,ha ,ney were no, Judges DC seo o,
agrees with the opinion expressed by the Chancellor
laid down in the lth Hill 800 that although Of tn.
sections of the act Of 1910 is admitted to be in direct
hct with the provisions OF the Constitution yet 1t does
not render the other points Of that act imperative
void However the plaintiff being removed by Court
his salary from the defendants upon proof Of the
illegality Of his removal. The defendants are onl,
duties for the period actually claimed STILL If tn,
acts of the Court Except the validity of the judg
has ever bee% in
and has consequently right to clam his salary
In any event the Plaintiffs entitled to the balance Of h
salary due him mt the time Of his removal But the Cour,
hold that he not entitled to the salary due NJ
to the commencement Of the suit nasmuch he neglect
edo take the proper remedies and in and justice
the defendants not 10 be answerable for his default
Upon the whole" the Court says 1--WE Think that as the
Aldermen took their seats judges of the Court of Scs
IONS that the removal of clerk and the appointment
successor, legal acts OF court de fdcto. For the
purposes of this suit the Court may say that the
which removed the plaintiff was then, and fully consu
ed or had all the powers necessary to- court. and
legally convened, because the plaintiff has proved
that the Judges not legally summoned and because
the act of removal performed by a court under the
color OF law. Whatever the opinion Of the Court could
have been as to the plaintiffs right TO in direc'
proceeding in reference to tie question involved ii
theless thinks that the plaintiff avail himself
matters when he calls upon til" defendants for the pay
men OF his salary The act Of the in full
removed the plaintiff from office and the defendants IL
no wise answ ernbe for the consequence n the
was Illegal Nor does the Court state that thu
plaintiff was illegally removed, he could before jndgwen
Of ousie SIZE his for the avails Of office The
court does not decide that he is entirely remedless In
action ag sinst such successor The Court holds that al
though the ac' OF 1910 is incomplete, far II aecte
the powers OF the Aaermen yet il is not void IL toto
Under that act there still de aeio whose pro
ceedngs this Court cannot wholly disregard in lecin
the present action
The decision Of this Court therefore, is that III.
plaintiff entitled TO the salary due him up TO the date
his removal, but no moro
Joseph Tucker. ads Thomas a p. Horton This was
motion TO set aside the award of the Arbjtrators rs ire
Gnlar or 70 molly IT, the grounds that corruptionan
bribery had been used The tourt was of opinion the
he weight ofevdence dsprovtd tho charge of CORFU
on and ilegaliy anil accordingly, the motto is denIe
lillian r. Jyil,nms. vs. Ro5eyt J,a,d,op This was
appeal on an action Of assault and battery The appea
was dismissedthe cosssto asie the issue Of the suit
49,.
FATHER MILLER is in Boston.