People Ex Rel. Kresser v. . Fitzsimmons
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor of defendants, entered upon a case submitted under section 372 of the Code. The question presented was, as to whether defendants or relators were lawfully entitled to hold the office of commissioners of excise for the city of Albany.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor of defendants, entered upon a case submitted under section 372 of the Code. The question presented was, as to whether defendants or relators were lawfully entitled to hold the office of commissioners of excise for the city of Albany. The facts submitted were, in substance, as follows: The term of office of the commissioners appointed prior to 1876, expired on the first day of May of that year ; on the 17th of April, 1876, the then mayor transmitted to the common council a communication, as…
1Opinion of the CourtEarl, J.
The only question for our determination is whether the defendants were legally appointed excise commissioners for the city of Albany. If they were, the relators are not entitled to the offices.
Section 2 of chapter 175 of the laws of 1870 provides as follows: “ The mayor oh each of the cities, except in the cities of Hew York and Brooklyn, shall appoint the commissioners of excise in them respective cities within ten days after the passage of this act; but in the cities of Hew York and Brooklyn the mayor shall nominate three good and responsible citizens to the board of aldermen of such…
2Cases cited3 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Rogers v. KneelandNew York Supreme Court · 1833
- People of the State of N.Y. v. . GatesNew York Court of Appeals · 1874
3Cited by18 opinions
- People Ex Rel. Balcom v. . MosherNew York Court of Appeals · 1900
- State Ex Rel. James v. AronsonMontana Supreme Court · 1957
- Jackson v. CoxeSupreme Court of Louisiana · 1945
- Cunio v. Franklin CountySupreme Court of Missouri · 1926
- Anderson v. LewisCalifornia Court of Appeal · 1915
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