
    JACOB F. OAKLEY, as Assignee, etc., Appellant, v. THE MAYOR, Etc., OF THE CITY OF NEW YORK, Respondent.
    Appeal from a judgment entered upon an order of the court at Circuit, dismissing the complaint. The action was brought by plaintiff to recover for services rendered to the defendant, which the court was of opinion were included in his duties as clerk to the board of aldermen, in which position he received a fixed salary. The case was decided upon the authority of the cases of Collins v. The Mayor, etc. (3 Hun, 680), and Cowan v. The Mayor, etc. (id., 632). The court also citing Dillon on Municipal Corporations (§§ 172, 173, vol. 1, p. 290 [2d ed.] ) ; Heslep v. Sacramento (2 Cal., 280); Hatch v. Mann (15 Wend., 44); Palmer v. The Mayor (2 Sandf., 318); People ex rel. Phœnix v. The Supervisors of New York (1 Hill, 362); Mallory v. Supervisors of Cortland Co. (2 Cow., 531); Laws of 1857 (ch. 446, § 46).
    
      J. H. Dukes, for the appellant.
    
      D. J. Dean, for the respondent.
   Opinion by

Davis, P. J.

Daniels and Brady, JJ., concurred.

Judgment affirmed.  