People ex rel. Mosher v. Stowell
New York Supreme Court
This action was brought by the People on the relation of George Mosher, and by George Mosher, as plaintiff, against Francis'A. Stowell, to determine the title to the office of city chamberlain of Elmira. It was tried at an extraordinary circuit, appointed by the governor, Mr. Justice James C. Smith, of the 7th district, presiding. ■ The jury were discharged, by consent,, and the presiding justice thereafter rendered the opinion. below.
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This action was brought by the People on the relation of George Mosher, and by George Mosher, as plaintiff, against Francis'A. Stowell, to determine the title to the office of city chamberlain of Elmira. It was tried at an extraordinary circuit, appointed by the governor, Mr. Justice James C. Smith, of the 7th district, presiding. ■ The jury were discharged, by consent,, and the presiding justice thereafter rendered the opinion. below. Cited, as to when power of appointment was exhausted: 1 Cranch, 137, 158 ; 1 Curtis, 368, 374; 32 N. Y 355; 33 Id. 603; 68 Id. 518; 10 Peters, 358-365; 12 Hun,…
1Opinion of the CourtJ. C. Smith, J.
The charter of the city of Elmira vests in the common council the power of appointing a city chamberlin, whose term of office is fixed at three years. At a regular meeting of the common council, held on the 11th of March, 1879, a- resolution was adopted and entered on the minutes, purporting to appoint the relator to the said office, in the place of J. J. O’Conner, the previous incumbent, whose term had expired. ■ On the same day, the relator took the oath of office before the city clerk and filed the same with that officer. He presented his .bond to the common council at a meeting held on…
2Cases cited4 opinions
- Parker v. BakerNew York Court of Chancery · 1840
- Lane & Laing v. Morse & StudleyNew York Supreme Court · 1852
- Barnard v. DarlingNew York Court of Chancery · 1845
- Monroe v. BradleyU.S. Circuit Court for the District of District of Columbia · 1803
3Cited by7 opinions
- Speed v. Common Council of DetroitMichigan Supreme Court · 1893
- Fisher v. BloombergAppellate Division of the Supreme Court of the State of New York · 1902
- Babcock v. KuntzschNew York Supreme Court · 1895
- In re Fitzgerald, New York County Courts1903
- Casler v. TanzerNew York Supreme Court · 1928
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