Mayor of New York v. Flagg
New York Supreme Court
Order requiring the plaintiff to show cause why a temporary injunction should not be dissolved.* The action was brought against Flagg, the comptroller of the city of Yew York, Conover, and Devlin, who each claimed title to the office of street commissioner of the city, and against the subordinate officers appointed by them respectively,' to restrain the former from paying and the others from collecting or receiving salaries until the controversy as to the title to the office…
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Order requiring the plaintiff to show cause why a temporary injunction should not be dissolved.* The action was brought against Flagg, the comptroller of the city of Yew York, Conover, and Devlin, who each claimed title to the office of street commissioner of the city, and against the subordinate officers appointed by them respectively,' to restrain the former from paying and the others from collecting or receiving salaries until the controversy as to the title to the office should have been legally determined. Upon the verified complaint, the substance of which is stated in the opinion, Mr.…
1Opinion of the CourtSutherland, J.
It appears to me that the case of the plaintiffs, as stated in their verified complaint, comes fairly within the principle upon which bills of interpleader have been heretofore allowed.
The defendants, Conover and Devlin, both claim to be the street commissioner of the city of .New York at the same time, —the one by appointment from the governor of the State, the other by appointment from the mayor and aldermen of the said city; both claim a light to discharge the duties of that office by virtue of their respeptiisew^ntagonistic appointments, and both claim the -salary hll6w§$_ bw4aw to the…
2Cases cited4 opinions
- Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
- Mohawk & Hudson Railroad v. CluteNew York Court of Chancery · 1834
- Atwood v. VincentSupreme Court of Connecticut · 1846
- Neale v. The OverseersSupreme Court of Pennsylvania · 1836
3Cited by5 opinions
- Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
- In Re the Elections of Directors of George Ringler & Co.New York Court of Appeals · 1912
- People Ex Rel. Corscadden v. . HoweNew York Court of Appeals · 1904
- Dardonville v. SmithAppellate Division of the Supreme Court of the State of New York · 1909
- People v. MattierNew York Supreme Court · 1866