Rathbone v. Wirth
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Jacob Wirth, Jr., and others, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Albany on the 16th day of May,-1896, upon the decision of the court rendered after a trial at the Kingston Special Term.
1Opinion of the Court
Herrick, J.:
This is an appeal from a judgment entered upon the decision of the Special Term, enjoining and restraining the common council of the city of Albany from electing police commissioners, pursuant to the provisions of chapter 427 of the Laws of 1896, and restraining and enjoining the present police commissioners of the city of Albany from delivering or surrendering up any property belonging to the police department to any person or persons who may claim to be police commissioners, under the provisions of said act.
The act in question is an act entitled “ An act to amend chapter…
2Cases cited30 opinions
- Stuart v. . PalmerNew York Court of Appeals · 1878
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
- United States v. BallinSupreme Court of the United States · 1892
- People ex rel. Board of Park Commissioners v. Common CouncilMichigan Supreme Court · 1873
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3Cited by17 opinions
- Ex parte CorlissNorth Dakota Supreme Court · 1907
- City of Ardmore v. Excise BoardSupreme Court of Oklahoma · 1932
- Thomas v. ReidSupreme Court of Oklahoma · 1930
- State ex rel. Gerry v. EdwardsMontana Supreme Court · 1910
- Scott v. . Village of Saratoga SpringsNew York Court of Appeals · 1910
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