James E. McVeany, Appellant v. the Mayor, Aldermen and Commonalty of the City of New York, Respondent

Summary

The New York Court of Appeals reversed the trial court's dismissal and ordered a new trial on the plaintiff's claim for the assistant alderman's salary for 1869, holding that the Supreme Court's prior judgment establishing the plaintiff as the de jure officer entitled him to salary accruing after notice to the comptroller, and that the board of assistant aldermen's jurisdiction is cumulative, not exclusive, so it does not oust the courts.