People Ex Rel. Devlin v. Conover
New York Court of Appeals
Appeal from the Supreme Court. The action was in the nature of a quo warranto, brought by the attorney-general to test the conflicting claims of Charles Devlin, the relator, and Daniel D. Conover, the defendant, to the office of street commissioner under the charter of the city of New-York. The titles of both having been set forth in the complaint, the defendant demurred, and had judgment in his favor at the special term.
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Appeal from the Supreme Court. The action was in the nature of a quo warranto, brought by the attorney-general to test the conflicting claims of Charles Devlin, the relator, and Daniel D. Conover, the defendant, to the office of street commissioner under the charter of the city of New-York. The titles of both having been set forth in the complaint, the defendant demurred, and had judgment in his favor at the special term. On appeal by the plaintiffs, that judgment was reversed at general term in the first district, and judgment rendered that the defendant Conover be ousted, and that the…
1Opinion of the Court
By the Court, Strong, J.
This action was brought to oust the defendant, Conover, from the office of street commissioner in the city of New-York, and obtain possession thereof for the plaintiff, Devlin. Th¿ defendant asserts title to, and holds and exercises the office under an appointment, by the governor of the state, on the 12th day of June, 1857, to fill a vacancy occasioned by the death of Joseph S. Taylor, the prior incumbent. The plaintiff, Devlin, claims the office by virtue of an appointment made by the mayor, with the advice and consent of the board of aldermen of said city, on the…
2Cited by7 opinions
- State ex rel. Murphy v. TownsendSupreme Court of Arkansas · 1904
- The People v. . PinckneyNew York Court of Appeals · 1865
- Smith v. ThursbyCourt of Appeals of Maryland · 1868
- People ex rel. Bradley v. StevensNew York Court of Appeals · 1869
- Johnson v. City of New YorkNew York Court of Appeals · 1937
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