Bergen v. . Powell
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made September 10, 1883, which affirmed a motion on the part of the relator, John J. Bergen, as treasurer of the police board of the town of New Lots, denying a motion for an order compelling defendant to deliver up to the relator the books and papers belonging to the office of said treasurer. (Reported below, 30 Hun, 438.) The material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made September 10, 1883, which affirmed a motion on the part of the relator, John J. Bergen, as treasurer of the police board of the town of New Lots, denying a motion for an order compelling defendant to deliver up to the relator the books and papers belonging to the office of said treasurer. (Reported below, 30 Hun, 438.) The material facts are stated in the opinion. The same offices (not the in dividuals) that appointed constitute the power to remove. (People, ex rel. Lyndes, v. Comptroller,…
1Opinion of the CourtDanforth, J.
By the act of May 22, 1878 (Sess. Laws of 1878, chap. 305), provision was made for a police commission in the town of New Lots, Kings county, consisting of three persons, to be appointed within thirty days after the passage of the act, by the supervisor, the president of the excise commission, and, as the act reads, “the justices of the peace of said town,” in office at the time of the passage of the act, “ having the shortest term to serve, or a majority of them, and in case of a vacancy in said office of police commissioner or commissioners, occurring by reason of death or otherwise, it is…
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