Legal Opinion

People, Ex Rel. Wood v. . Lacombe

New York Court of Appeals

Decided April 14, 1885PublishedCited by 110 opinions

Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made January 28, 1885, which directed judgment in favor of defendant, rendered upon a case submitted under section 1279 of the Code of Civil Procedure. The material facts are° stated in the opinion. The office of Mr. Edson was an elective office, and could not be extended by legislative act.

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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon an order made January 28, 1885, which directed judgment in favor of defendant, rendered upon a case submitted under section 1279 of the Code of Civil Procedure. The material facts are° stated in the opinion. The office of Mr. Edson was an elective office, and could not be extended by legislative act. (People, ex rel. v. Bull, 46 N. Y. 57; Long v. Mayor, 81 id. 485; Green v. Whitlock, 92 id. 191.) Mayor Grace’s term could possibly be extended forward or backward so as to be held to…

1Opinion of the CourtMiller, J.

This case arises upon an appeal from a judgment rendered in favor of the defendant, upon the submission of a controversy, which involves the title to the office of corporation counsel of the city of Hew York.

The defendant held the office by virtue of an appointment made by Mayor Edson, on the 31st of May, 1884, to fill a vacancy, which was confirmed by the board of aldermen. Said appointment terminated on the 10th of December, 1884, and defendant held over in accordance with the statute, which provided that he should continue to discharge the duties of his office until his successor was…

2Cases cited3 opinions

  1. People Ex Rel. Twenty-Third Street Railroad v. Commissioners of TaxesNew York Court of Appeals · 1884
  2. Donaldson v. Wood & WoodCourt for the Trial of Impeachments and Correction of Errors · 1839
  3. People Ex Rel. McCann v. . KilbournNew York Court of Appeals · 1877

3Cited by110 opinions

  1. Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
  2. People v. RyanNew York Court of Appeals · 1937
  3. Surace v. DannaNew York Court of Appeals · 1928
  4. Matter of MeyerNew York Court of Appeals · 1913
  5. People v. MerrittMichigan Supreme Court · 1976

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