State Ex Rel. Engelke v. Kilmartin
Supreme Court of Connecticut
Infokmation in the nature of quo warranto to determine the title to the office of health officer of the city of Waterbury, brought to and reserved by the Superior Court in New Haven County, Ralph Wheeler, J., upon an agreed finding of facts, for the advice of this court.
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Infokmation in the nature of quo warranto to determine the title to the office of health officer of the city of Waterbury, brought to and reserved by the Superior Court in New Haven County, Ralph Wheeler, J., upon an agreed finding of facts, for the advice of this court. The charter of the city of Waterbury as approved June 22d, 1895, contained the following sections:— “Sec. 109. There shall be a board of commissioners of public health, consisting of five electors of the city of Waterbury, who shall be appointed by the mayor-by and with the consent of the board of aldermen,, who shall hold…
1Opinion of the CourtPrentice, J.
The relator and respondent are claimants for the office of health officer of the city of Waterbnry. Each received his appointment from the same source, to wit, the board of commissioners of public health, acting pursuant to § 110 of the city charter. 12 Special Laws, p. 464. The. relator was chosen January 10th, 1910; the respondent, by a changed membership, on January 6th, 1912. Neither questions the authority of the board to make appointments to the office as vacancies occur. Their contention relates solely to the term upon which, under the law, an appointee enters. The relator claims that…
2Cases cited7 opinions
- People Ex Rel. Corrigan v. . the Mayor, Etc.New York Court of Appeals · 1896
- Fairfield County Bar v. TaylorSupreme Court of Connecticut · 1891
- State ex rel. Reiley v. ChatfieldSupreme Court of Connecticut · 1898
- Ross v. CrofuttSupreme Court of Connecticut · 1911
- Murphy v. WebsterMassachusetts Supreme Judicial Court · 1881
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3Cited by4 opinions
- Sigal v. WiseSupreme Court of Connecticut · 1932
- Columbus Industrial Bank v. MillerSupreme Court of Connecticut · 1939
- Levitt v. Attorney-GeneralSupreme Court of Connecticut · 1930
- Miller v. Phoenix State Bank & Trust Co.Supreme Court of Connecticut · 1951