People ex rel. Hamilton v. Stratton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, William D. Stratton and others, as water commissioners of and constituting the board of water commissioners of the city of Middletown, in the State of New York,- and another, from an order of the Supreme Court, made at the Orange Special Term and entered in the ofiice of the clerk of the county of Orange on the 7th day of August, 1902, directing the issuance of a peremptory writ of mandamus requiring- said board of water commissioners to annul the…
Read the full summary
Appeal by the defendants, William D. Stratton and others, as water commissioners of and constituting the board of water commissioners of the city of Middletown, in the State of New York,- and another, from an order of the Supreme Court, made at the Orange Special Term and entered in the ofiice of the clerk of the county of Orange on the 7th day of August, 1902, directing the issuance of a peremptory writ of mandamus requiring- said board of water commissioners to annul the appointment of George R. Wengenroth, and to appoint the relator, Evander M. Hamilton, as clerk of said board.
1Opinion of the Court
Hirschberg, J.:
The office of clerk of the board of water commissioners of the city of Middletown is- created by section 179 of the revised charter of that city. (Laws of 1902, chap. 572.) By that section the duty of appointing the clerk is ■ vested in the board, and such clerk is. required in addition to certain specified duties to do and perform all such other duties as shall be prescribed by the board, and also to execute to the - city such bond and upon such conditions as the board may require. The office had been designated as one in the" competitive class by the municipal civil service…
2Cases cited9 opinions
- People Ex Rel. Balcom v. . MosherNew York Court of Appeals · 1900
- Matter of KeymerNew York Court of Appeals · 1896
- Matter of Stutzbach v. . ColerNew York Court of Appeals · 1901
- Allaire v. KnoxAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Balcom v. MosherAppellate Division of the Supreme Court of the State of New York · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Shaw v. City CouncilSupreme Court of Iowa · 1905
- Burke v. HoltzmannAppellate Division of the Supreme Court of the State of New York · 1906
- People ex rel. Weintz v. BurchAppellate Division of the Supreme Court of the State of New York · 1903