People ex rel. Lathers v. Raymond
Appellate Division of the Supreme Court of the State of New York
Certiorari issued out of the Supreme Court and attested on the 12th day of October, 1908, directed to George G. Raymond, mayor, and others, aldermen, constituting the common council of the city of New Rochelle, commanding them to certify and return to the office of the clerk of the county of Westchester all and singular the proceedings had in relation to the removal of the relators from the board of public works of the city of New Rochelle by the common council of that city.
1Opinion of the Court
Jenks, J.:
This certiorari is to review the removal of the three members of the board of public works of the city of New Rochelle. The relators contend that they are not city officers, so that they cannot be removed by the common council; that even if they are city officers there is no. power of removal in that body, and that the facts did not justify removal even if there was official authority therefor. I think that the officials are city officers, for their duties as declared and defined by chapter 661 of the Laws of 1907 show that such duties relate to matters which affect the municipality…
2Cases cited8 opinions
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
- State ex rel. Hart v. Common CouncilSupreme Court of Minnesota · 1893
- Bieling v. . City of BrooklynNew York Court of Appeals · 1890
- People ex rel. Mitchel v. LaGrangeAppellate Division of the Supreme Court of the State of New York · 1896
- People Ex Rel. Kresser v. . FitzsimmonsNew York Court of Appeals · 1877
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3Cited by2 opinions
- Sheriff of Salt Lake County v. Board of Com'rsUtah Supreme Court · 1928
- Opn. No., New York Attorney General Reports2009