Achley's Case
New York Supreme Court
Application for a mandamus. Julius M. Achley, claiming to have been appointed, by the Common Council of the city of New-York, a commissioner of deeds, applied to the clerk of the city and county of NewYork, to be sworn in. The clerk refused the application, on the ground that no valid appointment had been made, the resolution of the Common Council having been vetoed by the Mayor. A mandamus was now applied for, to compel the clerk to administer the oath.
1Opinion of the CourtDavies, J.
—By the act of March 7, 1848 (Laws of 1848, ch. 75), it is declared that “ commissioners of deeds, in the cities of this State, shall be appointed by the Common Council of such cities respectively.”
It thus seems that the act confers the power of appointment on the Common Councils of the respective cities of this State, exclusively, without the concurrence or co-operation of any other body.
In relation to appointments made in and for this city, it becomes necessary to inquire what is the Common Council of this city, and who compose it.
Section 1, of the amended charter of 1880 (Davies’ Laws,…
2Cases cited2 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Ex parte RogersNew York Supreme Court · 1827
3Cited by10 opinions
- Fox v. McDonaldSupreme Court of Alabama · 1893
- Hovey v. State ex rel. CarsonIndiana Supreme Court · 1889
- In re FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1903
- Prezlak v. PadroneNew Jersey Superior Court Appellate Division · 1961
- Attorney-General Ex Rel. Morgan v. HayesSupreme Court of New Hampshire · 1914
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