Legal Opinion

In re Application of Dudley

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 5 opinions

Appeal by Sidney Ossoski, the defendant in the above-entitled proceeding, from an order made by the county judge of Steuben county, and entered in the office of the clerk of the county of Steuben on the 2d day of June, 1898, 'directing the said defendant to deliver to the petitioner the books and papers belonging to the city clerk’s office of the city of Hornellsville, and also that said defendant be imprisoned in the county jail of Steuben county until he make such delivery.

1Opinion of the Court

Per Curiam :

This is a special proceeding instituted . pursuant to the provisions of séction 2471a of the Code of Civil Procedure, the petitioner" claiming to be the city clerk of the city of Hornellsville, and seeking through the medium of this proceeding to obtain an order directing his predecessor in office to deliver to him such official books and records as remain in his possession.

The petitioner bases his right to the possession of these books and papers upon his alleged appointment to the-office of city clerk by , a resolution of the common council of the city, and. he contends that the…

2Cases cited4 opinions

  1. Matter of BradleyNew York Court of Appeals · 1894
  2. In re SellsAppellate Division of the Supreme Court of the State of New York · 1897
  3. In re FoleyNew York Supreme Court · 1894
  4. People ex rel. Gaskill v. RansomNew York Supreme Court · 1869

3Cited by5 opinions

  1. People Ex Rel. Argus Co. v. . BreslerNew York Court of Appeals · 1902
  2. In re BreartonNew York Supreme Court · 1904
  3. Cromarty v. LeonardAppellate Division of the Supreme Court of the State of New York · 1961
  4. Cromarty v. LeonardNew York Supreme Court · 1961
  5. People ex rel. Argus Co. v. BreslerNew York Supreme Court · 1902

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