People Ex Rel. v. . Mayor of New York
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment of Special Term, which affirmed the proceedings of the mayor of the city of Mew York, in removing the relator from the office of commissioner of accounts and which dismissed the writ of certiorari by bringing up the proceedings for review.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, affirming a judgment of Special Term, which affirmed the proceedings of the mayor of the city of Mew York, in removing the relator from the office of commissioner of accounts and which dismissed the writ of certiorari by bringing up the proceedings for review. (Reported below, 16 Hun, 509.) The relator was appointed to the office in January, 1875, and was removed by the mayor in August, 1877, by notice in writing served upon him. The manner of removing the relator being provided for by section 25…
1Opinion of the CourtDanforth, J.
It is plain upon looking into the different sections of the act of 1873 (chap. 335), that the appellant has no case. Section 106 provides that “ the mayor shall from time to time appoint and remove at pleasure two persons, who, together with the president of the department of taxes and assessments, shall be commissioners of accounts.” Under these provisions the relator was appointed and removed, and of course no one suggests that if this section stood alone the relator has any ground for complaint. But the learned counsel for the appellant insists that his case is one of those provided for in…
2Cases cited1 opinion
- Schroeder v. . GurneyNew York Court of Appeals · 1878
3Cited by6 opinions
- Ex parte SteeleDistrict Court, N.D. Alabama · 1908
- United States ex rel. Palmer v. LappCourt of Appeals for the Sixth Circuit · 1917
- State ex rel. Kendall v. WilsonMissouri Court of Appeals · 1910
- Johnson v. Ginn & Co.Court of Appeals of Kentucky · 1899
- State ex rel. Tremblay v. McQuadeWashington Supreme Court · 1895
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