North v. Cary
New York Supreme Court
Application by Charles F. North claiming to be chamberlain of the city of Cohoes, to -compel Leonard Cary, his predecessor in said office, to deliver up the books and papers of said office to said North, which application was made under and by virtue of article 5, chapter 5, title 6, part 1, of the Revised Statutes, entitled “Proceedings to compel the delivery of books and papers by public officers to their successors.”
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Application by Charles F. North claiming to be chamberlain of the city of Cohoes, to -compel Leonard Cary, his predecessor in said office, to deliver up the books and papers of said office to said North, which application was made under and by virtue of article 5, chapter 5, title 6, part 1, of the Revised Statutes, entitled “Proceedings to compel the delivery of books and papers by public officers to their successors.” (1 B. S. 124-126.) The necessary facts appear in the opinion. The application was decided March, 1874.
1Opinion of the CourtIngalls, J.
When a party has been elected or appointed to an office, and his predecessor in such office refuses to deliver up the books and papers belonging to such office, an application may be made under the statute referred to, to a justice of the supreme court, who is authorized in case the party complained against refuses, without satisfactory reason, to deliver to his successor such books and papers, to direct such delivery, and to commit such party to the jail of the county, there to remain until he complies with such, order or is discharged according to law. This proceeding is sum mary and…
2Cases cited4 opinions
- James v. . PattenNew York Court of Appeals · 1851
- In re CarpenterNew York Supreme Court · 1849
- People ex rel. Williamson v. AllenNew York Supreme Court · 1864
- West v. McGurnNew York Supreme Court · 1864