Armitage v. Fisher
New York Supreme Court
Appeal from special term, Schoharie county. Action by Charles H. Armitage against Joseph Fisher and others to enjoin action on the report of a committee relative to the removal of plaintiff by defendants from the office of president of the common council of the city of Albany. From an order (24 N. Y. Supp. 650) continuing a temporary injunction, defendants appeal.
1Opinion of the CourtPutnam, J.
The plaintiff claims that the defendants, as members of the common council of the city of Albany, on June 5, 1893, illegally altered rule 33 as previously adopted, and under said rule as so altered, at the time the action was commenced, in violation *365of law were proceeding to remove the plaintiff from his office of president. An order was made granting a temporary injunction restraining the defendants, during the pendency of the action, from taking any steps towards removing the plaintiff from his said office, from which said order the appeal was taken.
It is conceded in the respondent’s brief…
2Cases cited5 opinions
- People Ex Rel. Sims v. Board of Fire CommissionersNew York Court of Appeals · 1878
- People Ex Rel. Cline v. . RobbNew York Court of Appeals · 1891
- People ex rel. Moore v. Mayor of New YorkNew York Supreme Court · 1848
- People Ex Rel. McCann v. . KilbournNew York Court of Appeals · 1877
- People ex rel. Osborne v. County Canvassers of Dutchess CountyNew York Supreme Court · 1892
3Cited by13 opinions
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- State Ex Rel. Ness v. Board of City CommissionersNorth Dakota Supreme Court · 1932
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- Butler v. WhiteU.S. Circuit Court for the District of Virginia · 1897
- Harper v. City of KingstonNew York Supreme Court · 1959
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