People Ex Rel. Ennis v. . Schroeder
New York Court of Appeals
Appeal from order of the General Term of the Supremo Court, in the first judicial department, affirming an order of Special Term, denying an application for a mandamus. (Reported below, 12 Hun, 413.) The facts appear sufficiently in the opinion. The appointment of the relator was valid. (Atchley’s Case, 4 Abb., 35.) A mandamus will not lie in this case. (People ex rel. Perry v. Thompson, 25 Barb., 73; People ex rel.
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Appeal from order of the General Term of the Supremo Court, in the first judicial department, affirming an order of Special Term, denying an application for a mandamus. (Reported below, 12 Hun, 413.) The facts appear sufficiently in the opinion. The appointment of the relator was valid. (Atchley’s Case, 4 Abb., 35.) A mandamus will not lie in this case. (People ex rel. Perry v. Thompson, 25 Barb., 73; People ex rel. Mygatt v. Suprs. of Chenango Co., 11 N. Y., 563, 568; People ex rel. Green v. Wood, 35 Barb., 653, 656.)
1Opinion of the CourtMiller, J.
The relator was appointed by one of the j ustices of the peace of the city of Brooklyn to the office of the clerk of the court of said justice in the month of November, 1876, and the appointment upon being presented to the common council, was confirmed by that body. The resolution confirming the. appointment was sent by the common council to the mayor, and he returned the same to the common council with a refusal in writing to approve of the same. The salary of the relator for two months, was duly audited ; the city comptroller issued warrants to the treasurer therefor, and the mayor, the…
2Cases cited1 opinion
- Cassidy v. City of BrooklynNew York Supreme Court · 1869
3Cited by14 opinions
- Morris v. CashmoreAppellate Division of the Supreme Court of the State of New York · 1938
- Matter of City of Long Beach v. P.S. Comm.New York Court of Appeals · 1928
- Moore v. City Council of PerrySupreme Court of Iowa · 1903
- State ex rel. Walker v. WagnerIndiana Supreme Court · 1907
- State of North Dakota v. DuisNorth Dakota Supreme Court · 1908
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