People Ex Rel. Sears v. . Tobey
New York Court of Appeals
Appeal from an interlocutory judgment and order of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 3, 1896, which affirmed an interlocutory judgment and order overruling a demurrer to the complaint, and also from a final judgment and order entered April 21, 1897, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court, and also affirmed an order denying a motion for a new trial on the…
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Appeal from an interlocutory judgment and order of the Appellate Division of the Supreme Court in the fourth judicial department, entered August 3, 1896, which affirmed an interlocutory judgment and order overruling a demurrer to the complaint, and also from a final judgment and order entered April 21, 1897, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court, and also affirmed an order denying a motion for a new trial on the minutes. The nature of the proceeding and the facts, so far as material, are stated in the opinions. The clerk of the court of…
1Opinion of the CourtBartlett, J.
This is a quo warranto proceeding, under sections 1948 and 1949 of the Code of Civil Procedure, to determine the title to the office of clerk of the Police Court of the city of Syracuse.
On the second of January, 1896, the relator, William Sears, having ascertained there, would be a probable vacancy in the office of cleric, passed his civil service examination with a percentage of ninety-four and a half.
Immediately thereafter he applied to Frederick W. Thomson, police justice of the city, lor appointment to the clerkship.. On the 22nd of January Robert II. Riclcert, then clerk of the court,…
2Cited by11 opinions
- Shaw v. City CouncilSupreme Court of Iowa · 1905
- Matter of Leone v. BrewerNew York Court of Appeals · 1932
- Wm. Messer Co. v. RothsteinAppellate Division of the Supreme Court of the State of New York · 1908
- Hoffman v. Metropolitan Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1909
- Feinburg v. American Surety Co.Appellate Terms of the Supreme Court of New York · 1900
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