Conover's Case
New York Supreme Court
Application for a search-warrant and a warrant of arrest. Daniel D. Conover having been appointed by the governor to fill a vacancy in the office of street commissioner, in the city of New York, made application to Mr. Justice Peabody for an order for the delivery of the books and papers appertaining to the office, by Charles Devlin, who claimed to hold the office by appointment of the Mayor, with the consent of the Board of Aldermen.
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Application for a search-warrant and a warrant of arrest. Daniel D. Conover having been appointed by the governor to fill a vacancy in the office of street commissioner, in the city of New York, made application to Mr. Justice Peabody for an order for the delivery of the books and papers appertaining to the office, by Charles Devlin, who claimed to hold the office by appointment of the Mayor, with the consent of the Board of Aldermen. The proceedings upon that application (which was granted), are reported Ante, 73. Devlin thereupon procured from Mr. Justice Davies a writ of certiorari,…
1Opinion of the CourtPeabody, J.
Proceedings having been instituted before me (under 1 Rev. Stats., 125, § 56), to compel Mr. Devlin to deliver to Mr. Conover the books and papers pertaining to the office of street commissioner of the city of New York, on the ground, that the applicant was the successor of the late incumbent to the office to which they appertain; and the parties having been heard from day to day until July 8, 1857, and my decision having been announced on that day, that the applicant was such successor, and as such was entitled to the relief asked, that is, to the warrants provided for in that section,—one…
2Cases cited2 opinions
- People ex rel. Church v. Supervisors of AlleganyNew York Supreme Court · 1836
- Patchin v. Mayor of BrooklynNew York Supreme Court · 1835
3Cited by4 opinions
- People ex rel. Croker v. SturgisNew York Supreme Court · 1902
- Parrott v. Knickerbocker Ice Co.The Superior Court of New York City · 1869
- People v. DevlinNew York Court of Common Pleas · 1877
- People ex rel. Croker v. SturgisNew York Supreme Court · 1902