Tappan v. Gray
New York Court of Chancery
This was an appeal by the defendant Gray from the decision of the vice chancellor of the first circuit overruling a demurrer to the complainant’s bill. On the 58th of April» 1837, the complainant was appointed by the governor, with the consent of the senate, to be the inspector of flour for the city of New-York, in the place of Farr the then incumbent, whose term of office was to expire on the 9th of May then next.
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This was an appeal by the defendant Gray from the decision of the vice chancellor of the first circuit overruling a demurrer to the complainant’s bill. On the 58th of April» 1837, the complainant was appointed by the governor, with the consent of the senate, to be the inspector of flour for the city of New-York, in the place of Farr the then incumbent, whose term of office was to expire on the 9th of May then next. He accepted the office and entered upon the duties thereof on the 8th of May, 1837, and continued to discharge those duties until the alleged intrusion of the defendant into such…
1Opinion of the Court
The Chancellor.
If the vice chancellor was right in the conclusion, that the complainant was entitled to discharge the duties of the office of flour inspector, after the appointment by the governor during the recess of the senate, and that such appointment of the defendant to the office was illegal and unautherized, I think he erred in supposing that this court had jurisdiction to afford the complainant any relief, at this time. This court certainly ought not to assume the jurisdiction to oust an officer in no way connected with the administration of justice here, and over whose appointment it…
2Cited by40 opinions
- In Re SawyerSupreme Court of the United States · 1888
- White v. BerrySupreme Court of the United States · 1898
- People v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1874
- People Ex Rel. Brown v. WoodruffNew York Court of Appeals · 1865
- Cochran v. McClearySupreme Court of Iowa · 1867
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