Connor v. County of Erie 156 N.Y.S. 1118

Judgment directed in favor of the defendant upon the submission, without costs. Held: II plaintiff was as he claims the de jure supervisor, still he did not occupy the office or dis*1119charge 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. The Mayor, , 179 N. Y. 473, 72 N. E. 581; Demarest v. The Mayor, 147 N. Y. 203, 41 N. E. 405; Jones v. City of Buffalo, 79 App. Div. 328, 79 N. Y. Supp. 754; affirmed 178 N. Y. 45, 70 N. E. 99. All concur.