Connor v. County of Erie

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.