In re Fitzgerald
New York County Courts
Application by William D. Fitzgerald to compel the delivery to him of the books and papers belonging to the office of clerk of the city of Olean.
1Opinion of the CourtThrasher, J.
This proceeding is instituted by the petitioner, William D. Fitzgerald, under section 2471a of the Code of Civil Procedure, to compel Charles Keenan, who is acting as the clerk of the city of Olean, to deliver to him the books and papers pertaining to that office, and is based upon the claim of Fitzgerald that he has heretofore been duly appointed and has duly qualified as such officer, and is entitled to the books and to exercise the duties *812of the office, as against Keenan, who withholds from him such books and papers. The defendant, on the papers, denies the right of Fitzgerald to hold the…
2Cases cited13 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Foot v. . StilesNew York Court of Appeals · 1874
- People Ex Rel. Williamson v. . McKinneyNew York Court of Appeals · 1873
- Matter of BradleyNew York Court of Appeals · 1894
- Cronin v. . StoddardNew York Court of Appeals · 1884
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3Cited by2 opinions
- Brewer v. JohnsonSupreme Court of Georgia · 1937
- In re FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1903