Stowe v. Board of Supervisors

Hinman, J. (dissenting).

By resolution of the board of supervisors of Rensselaer county, adopted in 1928, petitioner was appointed for a term of two years as laborer, his duties being that of bridge tender of the Waterford-Troy bridge under the orders of the Rensselaer county superintendent of highways. He was reappointed for two years by a resolution of the board in 1930. On the 12th day of January, 1932, the board, by resolution adopted, appointed one John J. Diviney to this position formerly held by petitioner. Thereupon the petitioner made application for a mandamus order to compel the…