People, Ex Rel. Woods v. . Crissey
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the third judicial department, made December 16, 1882, which affirmed an order of Special Term denying an application on the part of the relator for a peremptory mandamus to compel defendant as comptroller of the city of Troy to countersign a warrant drawn by John Magill, S. A. Craig and Elisha W. Hydorn, as police commissioners of said city, in favor of relator, for supplies purchased by and furnished to the…
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Appeal from order of the General Term of the Supreme Court, in the third judicial department, made December 16, 1882, which affirmed an order of Special Term denying an application on the part of the relator for a peremptory mandamus to compel defendant as comptroller of the city of Troy to countersign a warrant drawn by John Magill, S. A. Craig and Elisha W. Hydorn, as police commissioners of said city, in favor of relator, for supplies purchased by and furnished to the board of police commissioners. The facts so far as material are stated in the opinion.
1Opinion of the CourtFinch, J.
Out of the special legislation relating to the city of Troy have arisen very serious complications, which we are asked to remove by determining the legal questions involved. These respect the official right and authority of some of the persons who are acting as police commissioners of the city, and a challenge of their title to that office. Two of them, Magill and Craig, claim to have been appointed by the common council, under the provisions of chapter 328 of the Laws of 1880, which act the respondent asserts to be unconstitutional, and so raises the first question which has been argued…
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