In re Brearton
New York Supreme Court
Proceeding to compel the delivery of books and papers to a public officer under section 2471a of the Code of Civil Procedure. Section 15 of chapter 182 of the Laws of 1898, being an act for the government of the cities of the second class, provides as follows: “ The common council shall choose a clerk, to hold office during the term for which its members were elected, unless sooner removed by vote of three-fourths of all the members of the common council.”
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Proceeding to compel the delivery of books and papers to a public officer under section 2471a of the Code of Civil Procedure. Section 15 of chapter 182 of the Laws of 1898, being an act for the government of the cities of the second class, provides as follows: “ The common council shall choose a clerk, to hold office during the term for which its members were elected, unless sooner removed by vote of three-fourths of all the members of the common council.” At a regular meeting of the common council of the city of Troy, held on the 2d day of January, 1902, Charles Hagen was chosen city clerk…
1Opinion of the CourtHerrick, J.
This is a proceeding under section 2471a of the Code of Civil Procedure.
It is not a proceeding to try title to office. Matter of Foley, 8 Misc. Rep. 196; Matter of Sells, 15 App. Div. 571; Matter of Dudley, 33 App. Div. 465; Matter of Bradley, 141 N. Y. 527; Matter of Brenner, 67 App. Div. 375; 170 N. Y. 185.
And while the court will not in these proceedings try title to office, but put the petitioner to his action, still a mere denial by the defendant of the petitioner’s title is not sufficient to defeat the proceedings; the court will look far enough into the matter to ascertain whether the…
2Cases cited10 opinions
- United States v. BallinSupreme Court of the United States · 1892
- Brown v. District of ColumbiaSupreme Court of the United States · 1888
- Melody v. GoodrichNew York Court of Appeals · 1902
- Matter of BradleyNew York Court of Appeals · 1894
- In re SellsAppellate Division of the Supreme Court of the State of New York · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bryan v. Landis, Atty.-Gen'l. Ex Rel. ReeveSupreme Court of Florida · 1932
- Adams v. City of HobartSupreme Court of Oklahoma · 1933
- Crowley v. Commodity Exchange, Inc.Court of Appeals for the Second Circuit · 1944
- Payne v. PetrieCourt of Appeals of Kentucky (pre-1976) · 1967
- Cromarty v. LeonardAppellate Division of the Supreme Court of the State of New York · 1961
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