Legal Opinion

People ex rel. Livingston v. Albany Common Pleas

New York Supreme Court

Decided October 15, 1837PublishedCited by 7 opinions

Appointment of district attorneys. This was a motion for a mandamus to the Albany common pleas, to vacate the appointment made by that court on the 8th April, 1837, of Samuel Cheever, as district attorney of the county of Albany. The motion was brought on ,upon notice. The facts passed upon by the court are detailed in the opinion delivered by the chief justice. The motion was argued by

1Opinion of the Court

By the Court,

Nelson, Ch. J.

On the 30th March, 1837, the court of common pleas of Albany county directed to be entered in their minutes the following order: “Edward Livingston having resigned the office of district attorney of the county of Albany, to take effect on the second Tuesday of June next, ordered, that his resignation of that office be accepted to take effect at that time.” And on the 8th April *28following, directed the following order to be entered : The °ffice of, the present district attorney expiring on the first day of the next term, and it being necessary for the proper…

2Cited by7 opinions

  1. Warner v. People ex rel. ConnerNew York Supreme Court · 1845
  2. People ex rel. Attorney General v. Mayor of New-YorkNew York Supreme Court · 1840
  3. M'Cullough v. BrodieThe Superior Court of New York City · 1856
  4. McCullough v. BrodieThe Superior Court of New York City · 1856
  5. Curtis v. BaldwinSupreme Court of New Hampshire · 1861

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