People ex rel. Walton v. Hicks
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, James S. Walton, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Montgomery on the 24th day of February, 1915, upon the decision of the court, a jury having been waived. The action is in the nature of quo warranto to test the title to the office of health officer of the city of Amsterdam, N. T.
1Opinion of the Court
Howaed, J.:
Dr. James S. Walton, the relator, was first appointed health officer of the city of Amsterdam in March, 1909. He was reappointed each year thereafter up to and including March 12, 1913. At the time of his first appointment section 9 of article 5 of the State Constitution read as follows: “Appointments and promotions in the civil service of the State, and of all the civil divisions thereof, including cities and villages, shall be made according to merit and fitness to be ascertained, so far as practicable, by examinations, which, so far as practicable, shall be competitive * * The…
2Cases cited3 opinions
- People Ex Rel. Williamson v. . McKinneyNew York Court of Appeals · 1873
- In re Board of HealthAppellate Division of the Supreme Court of the State of New York · 1899
- People ex rel. Wilson v. KnoxAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by9 opinions
- Ginsberg v. City of Long BeachNew York Court of Appeals · 1941
- Boisvert v. County of OntarioNew York Supreme Court · 1977
- Comins v. County of DelawareAppellate Division of the Supreme Court of the State of New York · 1978
- In re YakelNew York Supreme Court · 1922
- Entwistle v. MurtaughNew York Supreme Court · 1964
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