Palmer v. Foley
The Superior Court of New York City
The action was by the plaintiff, the chamberlain of the city, to restrain the defendant, who claimed to be deputy chamberlain under an appointment by the comptroller, from intruding upon the office. An injunction was granted and continued by the special term. From this order the defendant appealed.
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The action was by the plaintiff, the chamberlain of the city, to restrain the defendant, who claimed to be deputy chamberlain under an appointment by the comptroller, from intruding upon the office. An injunction was granted and continued by the special term. From this order the defendant appealed. The plaintiff was appointed chamberlain of the city of Mew York January 6th, 1872, and was in the possession and exercising the duties of his office and claiming the right under chapter 623, laws of 1866. On the sixteenth day of May, 1873, appointed Walter B. Palmer to be deputy chamberlain, who,…
1Opinion of the Court
By the Court—Monell, J.
I do not think it necessary in this case that it should be determined where the power resides to appoint a deputy chamberlain of the city, whether in the chamberlain or in the comptroller.
The consideration of that question would be, in effect, the trial of the title to the office,, which cannot be done in so collateral or incidental a manner.
The provision made by law for the trial of such questions is exclusive and not cummulative. Whenever it is alleged that a person has usurped a public office, the attorney-general is authorized to institute an action, on behalf of…
2Cases cited7 opinions
- Tappan v. GrayNew York Court of Chancery · 1842
- Parker v. BakerNew York Court of Chancery · 1840
- Hall v. LutherNew York Supreme Court · 1835
- Mott v. ConnollyNew York Supreme Court · 1867
- Mayor of New York v. TuckerNew York Court of Common Pleas · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ekern v. McGovernWisconsin Supreme Court · 1913
- People Ex Rel. Corscadden v. . HoweNew York Court of Appeals · 1904
- Landes v. WallsIndiana Supreme Court · 1903
- State ex rel. Fairbanks v. Superior CourtWashington Supreme Court · 1897
- Merchants Loan & Investment Corp. v. AbramsonAppellate Division of the Supreme Court of the State of New York · 1925
4 more not listed; retrieve them via the Exa API.