People Ex Rel. Killeen v. . Angle
New York Court of Appeals
Appeal from order of the General Term of the Supreme ■Court in the first judicial department, made January 23,1885, the nature of which is set forth in the opinion. (Reported helow, 47 Hun, 183.) Though the legislature has no power under the language of a particular Constitution to appoint persons to office, yet it may constitutionally regulate the mode of appointment.
Read the full summary
Appeal from order of the General Term of the Supreme ■Court in the first judicial department, made January 23,1885, the nature of which is set forth in the opinion. (Reported helow, 47 Hun, 183.) Though the legislature has no power under the language of a particular Constitution to appoint persons to office, yet it may constitutionally regulate the mode of appointment. (People v. Hurlburt, 24 Mich. 44; State v. Kennon, 7 Ohio St. 546; Capen v. Foster, 12 Pick. 485; People v. Lacombe, 99 N. Y. 43.) The right of the legislature to prescribe and ascertain qualifications is not inconsistent with…
1Opinion of the Court
Ruger, Ch. J.
- This appeal brings before us for review an order of the General Term of the Supreme Court denying an application for a mandamus, to compel the Yew York Civil Service Commission to admit the relator to examination as to his fitness to perform the duties of the office of clerk to the collector of canal statistics. It is claimed that the relator became entitled to the writ by virtue of the provisions of chapter 354 of the Laws of 1883, creating a civil service commission, and the rules issued in pursuance of authority thereby conferred. It must be conceded that this claim is well…
2Cases cited4 opinions
- The People Ex Rel. Jackson v. . PotterNew York Court of Appeals · 1872
- Matter of Gilbert Elevated Railway Co.New York Court of Appeals · 1877
- Menges v. . City of AlbanyNew York Court of Appeals · 1874
- Ex parte Harrington & Hubbell v. Trustees of the Village of RochesterNew York Supreme Court · 1833
3Cited by64 opinions
- People Ex Rel. Rodgers v. . ColerNew York Court of Appeals · 1901
- People Ex Rel. Balcom v. . MosherNew York Court of Appeals · 1900
- People Ex Rel. McClelland v. . RobertsNew York Court of Appeals · 1896
- Asplund v. AlaridNew Mexico Supreme Court · 1923
- State ex rel. Winter v. SayreSupreme Court of Alabama · 1897
59 more not listed; retrieve them via the Exa API.