People, Ex Rel. Mason v. . McClave
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon a case submitted under section 1279 of the Code of Civil Procedure. The facts so far as material are stated.in the opinion.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, entered upon a case submitted under section 1279 of the Code of Civil Procedure. The facts so far as material are stated.in the opinion. For every police, commissioner of the city of New York, duly appointed as the successor to a commissioner whose term has fully expired, the legislature has by express and repeated enactment created a definite and separate term of office of six years in length. (Laws of 1873, chap. 335, §§ 25, 39 ; Laws of 1874, chap. 300.) The change in the statute proposed” by…
1Opinion of the CourtAndrews, J.
This controvesy relates to the title to the office of police commissioner of the city of New York, claimed by the relator Joel W. Mason, under an appointment made by the mayor and confirmed by the board of aldermen May 25, 1880, and also by the defendant, John McClave, under a similar appointment and confirmation made November 21,1881. The defendant was appointed in place of the relator on the assumption that the relator’s term of office expired on the 1st day of May, 1884. It is conceded that both appointments were regular in form, but the controversy arises upon the contention of the…
2Cases cited1 opinion
- Taggart v. . MurrayNew York Court of Appeals · 1873
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