People Ex Rel. Baird v. . Nixon
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 12, 1898, sustaining exceptions by the defendants and setting aside a verdict directed by the court in favor of the plaintiffs and dismissing the complaint upon the merits. The nature of the action and the facts, so far as material, are stated in the opinion. The mayor had no power to remove the relators. (People ex rel. v. Feitner, 30 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 12, 1898, sustaining exceptions by the defendants and setting aside a verdict directed by the court in favor of the plaintiffs and dismissing the complaint upon the merits. The nature of the action and the facts, so far as material, are stated in the opinion. The mayor had no power to remove the relators. (People ex rel. v. Feitner, 30 App. Div. 241; 156 N. Y. 694; C. T. T. Co. v. K. C. R. R. Co., 154 N. Y. 495 ; N. Y & B. S. M. & L. Co. v. City of Brooklyn, 71 N. Y. 580 ; 8…
1Opinion of the CourtBartlett, J.
This action is in the nature of a quo warranto, to oust the defendants from and restore the relators to the office of bridge commissioners, helcLby them prior to their removal by the mayor of the city of New York, on January 19, 1898.
The only question presented upon this appeal is as to ■ the power of the mayor of the city of New York to remove the relators and appoint the defendants.
The power of the mayor to make this removal and appointment is based mainly on section ninety-five of the charter of Greater New York, which reads: “At any time within six months after the commencement of his…
2Cases cited6 opinions
- The People Ex Rel. Murphy v. . KellyNew York Court of Appeals · 1879
- People Ex Rel. Fonda v. . MortonNew York Court of Appeals · 1896
- People Ex Rel. Jacobus v. . Van WyckNew York Court of Appeals · 1899
- Walsh v. Trustees of New York & Brooklyn BridgeNew York Court of Appeals · 1884
- Walsh v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- In re the Union Bank of BrooklynAppellate Division of the Supreme Court of the State of New York · 1917
- State Ex Rel. Richmond v. District Court of Second Judicial DistrictWyoming Supreme Court · 1932
- Schinzel v. BestNew York Supreme Court · 1904
- Commissioners of the State Insurance Fund v. DinowitzNew York Supreme Court · 1942
- Lombardi v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1955
5 more not listed; retrieve them via the Exa API.