Conover v. Mayor of New York
New York Supreme Court
Motions, in two suits, for an injunction, and the appointment of a receiver. These actions were brought by Daniel D. Conover—the one against The Mayor, &c., of the city of Mew York, Charles Devlin, and Farrington and Bertholf; and the other against The Mayor, &c., Charles Devlin, and James 0. Willett, sheriff of the city and county of New York.
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Motions, in two suits, for an injunction, and the appointment of a receiver. These actions were brought by Daniel D. Conover—the one against The Mayor, &c., of the city of Mew York, Charles Devlin, and Farrington and Bertholf; and the other against The Mayor, &c., Charles Devlin, and James 0. Willett, sheriff of the city and county of New York. The facts involved in the present motions, with a history of the previous litigation in the same controversy, are given in the opinion.
1Opinion of the CourtPeabody, J.
—This litigation has its foundation in the claims of the plaintiff Conover and the defendant Devlin, respectively, to the office of street commissioner of the city of New York.
The plaintiff claims the office by virtue of an appointment by the Governor, and the defendant Devlin claims it by virtue of an appointment by the Mayor and Aldermen, and each claims to be now the actual incumbent of the office.
No suit or legal proceeding to test their claims in this respect has ever been instituted by either; and no adjudication on the subject, of general obligation on them, or at all obligatory on…
2Cited by9 opinions
- Adams v. Mercantile Trust Co.Court of Appeals for the Fifth Circuit · 1895
- Wilmer v. Atlanta & R. Airline Ry. Co.U.S. Circuit Court for the Northern District of Georgia · 1875
- Bell v. Ohio Life & Trust Co.U.S. Circuit Court for the District of Southern Ohio · 1858
- Producers Royalty Co. v. OttingerNew York Supreme Court · 1927
- State ex rel. Remington Paper Co. v. EllisSupreme Court of Louisiana · 1893
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