Legal Opinion

People ex rel. Burby v. Common Council

New York Supreme Court

Decided April 12, 1895PublishedCited by 20 opinions

Certiorari by William H. Burby against the common council of the city of Auburn and others to review the determination of defendants in removing relator from the office of city attorney.

1Opinion of the CourtWard, J.

The relator was first appointed city attorney by the common council of the city of Auburn in April, 1891, to fill a vacancy. In March, 1892, he was again appointed for a full term of two years, and in March, 1894, reappointed. ' The common council is composed of the mayor and 10 aldermen, whose terms of office are two years, commencing the first Tuesday of March after their election. In September, 1892, one Maude Marie V. Parcells commenced an action in the supreme court against the city to recover damages for a personal injury sustained by her by reason of stepping into a hole in a defective…

2Cases cited9 opinions

  1. Matter of RyersNew York Court of Appeals · 1878
  2. People Ex Rel. Flanagan v. Board of Police CommissionersNew York Court of Appeals · 1883
  3. People Ex Rel. McAleer v. . FrenchNew York Court of Appeals · 1890
  4. People Ex Rel. Hogan v. . FrenchNew York Court of Appeals · 1890
  5. Smith v. BarnesThe Superior Court of the City of New York and Buffalo · 1894

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3Cited by20 opinions

  1. Attorney General v. TuftsMassachusetts Supreme Judicial Court · 1921
  2. State ex rel. Barnard v. Board of EducationWashington Supreme Court · 1898
  3. State ex rel. Cook v. HouserWisconsin Supreme Court · 1904
  4. Bichsel v. CarverTexas Supreme Court · 1959
  5. McCoy v. HandlinSouth Dakota Supreme Court · 1915

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