People ex rel. Collins v. Ahearn
Appellate Division of the Supreme Court of the State of New York
Appeal by The City of New York and by John Cloughen, as commissioner of public, works, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of December, 1909, denying a motion made by the city to vacate and set aside certain proceedings taken and had herein on the 10th day of December, 1909, on the ground that John F. Ah earn, as president of the borough of Manhattan, against…
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Appeal by The City of New York and by John Cloughen, as commissioner of public, works, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 21st day of December, 1909, denying a motion made by the city to vacate and set aside certain proceedings taken and had herein on the 10th day of December, 1909, on the ground that John F. Ah earn, as president of the borough of Manhattan, against whom the proceeding was originally" instituted, had been ousted from "the office and that there was a vacancy therein.
1Opinion of the Court
Laughlin, J.:
On the 1st day of January, 1902, the borough president appointed the relator .superintendent of highways. The relator duly qualified and entered upon the discharge of the duties of the office on the 1st day of January, 1902, and continued to hold the office and discharge the duties thereof until the 4th day of January, 1904, when he was removed by John F. Ahearn, who was then president of the borough of Manhattan. This proceeding .was instituted to compel his reinstatement by Ahearn, who was then the president of the borough, and from the verdict rendered on the alternative writ…
2Cases cited9 opinions
- People v. ChampionNew York Supreme Court · 1819
- People Ex Rel. La Chicotte v. . BestNew York Court of Appeals · 1907
- Hegewisch v. . SilverNew York Court of Appeals · 1893
- People Ex Rel. Collins v. . AhearnNew York Court of Appeals · 1908
- People ex rel. Lazarus v. ColemanAppellate Division of the Supreme Court of the State of New York · 1904
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3Cited by3 opinions
- People ex rel. Collins v. AhearnAppellate Division of the Supreme Court of the State of New York · 1910
- People ex rel. Collins v. AhearnAppellate Division of the Supreme Court of the State of New York · 1911
- People ex rel. Collins v. AhearnAppellate Division of the Supreme Court of the State of New York · 1910