People ex rel. Bradley v. Stephens
New York Supreme Court
Application for a mandamus. Thomas Stephens and Robert L. Darragh, the president and assistant commissioner of the Croton aqueduct board, were the defendants in this case. The questions in the case related to the title of the office of president of the board, and arose from the provisions in the act of 1866, relative to the raising of taxes for the use of the corporation of the city of Hew York.
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Application for a mandamus. Thomas Stephens and Robert L. Darragh, the president and assistant commissioner of the Croton aqueduct board, were the defendants in this case. The questions in the case related to the title of the office of president of the board, and arose from the provisions in the act of 1866, relative to the raising of taxes for the use of the corporation of the city of Hew York. Under that act, the previous incumbent of the office of president, Mr. Stephens, deeming that by its terms his office was continued to him for three years, refused to surrender the office to the…
1Opinion of the CourtIngraham, J.
I have considered that point, but am of opinion that Mr. Darragh is a proper party to the proceedings.
Ingraham, J.
The relator was appointed by the mayor and the board of aldermen on the 7th December, 1866, President of the Groton aqueduct board. Stephens had filled that office during the previous term. In May last an act was passed by the legislature for the' city tax levy, in which was inserted a provision extending the term of office of the engineer and assistant commissioner for three years from the passage of the act, and then providing as follows: “ and any vacancy in their number shall…
2Cases cited5 opinions
- The People v. . McCannNew York Court of Appeals · 1857
- People v. President & Trustees of BrooklynNew York Supreme Court · 1828
- Town of Fishkill v. Fishkill & Beekman Plank Road Co.New York Supreme Court · 1856
- People ex rel. Coleman v. DikemanNew York Supreme Court · 1852
- Phillips v. Mayor of New YorkNew York Court of Common Pleas · 1857
3Cited by3 opinions
- State ex rel. Berry v. ShieldsMissouri Court of Appeals · 1877
- Shockley v. FischerMissouri Court of Appeals · 1886
- Matter of WoodsNew York Supreme Court · 1893