Legal Opinion

In re Dudley

Appellate Division of the Supreme Court of the State of New York

Decided October 7, 1898PublishedCited by 1 opinion

Appeal from Steuben county court. Application of Horace A. Dudley, city clerk of the city of Hornellsville, to compel Sidney Ossoski to deliver to him the books and papers belonging to the city clerk’s office of said city. From an order of the county judge (53 N. Y. Supp. 703) granting the application, respondent therein appeals.

1Per curiam

This is a special proceeding instituted pursuant to the provisions of section 2471a of the Code of Civil Procedure, the petitioner claiming to be the city clerk of the city of Hornellsville, and seeking, through the medium of this proceeding, to obtain an order directing his predecessor in office to deliver to him such official books and records as remain in his possession. The petitioner bases his right to the possession of these books and papers upon his alleged appointment to the office of city clerk by a resolution of the common council of the city, and he contends that the record herein…

2Cases cited4 opinions

  1. Matter of BradleyNew York Court of Appeals · 1894
  2. In re SellsAppellate Division of the Supreme Court of the State of New York · 1897
  3. In re FoleyNew York Supreme Court · 1894
  4. People ex rel. Gaskill v. RansomNew York Supreme Court · 1869

3Cited by1 opinion

  1. In re Fitzgerald, New York County Courts1903

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