Bridgman v. Hall
New York Supreme Court
• Application for books and papers under article 5, §§ 55-61, title 6, chapter 5, and part 1 of the revised statutes (1 R. S. [2 ed.] 114 ; 1 R. S. [7 ed.] 376). John F. Bridgman, claiming to be the chamberlain of the city of Troy, applies for an order compelling Benjamin H. Hall, who also claims title to, and is in the actual possession of such office of chamberlain, to surrender to him the books and papers appertaining to said office.
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• Application for books and papers under article 5, §§ 55-61, title 6, chapter 5, and part 1 of the revised statutes (1 R. S. [2 ed.] 114 ; 1 R. S. [7 ed.] 376). John F. Bridgman, claiming to be the chamberlain of the city of Troy, applies for an order compelling Benjamin H. Hall, who also claims title to, and is in the actual possession of such office of chamberlain, to surrender to him the books and papers appertaining to said office. The claim is based upon the following alleged facts. The charter of the city of Troy creates the office of chamberlain (Laws of 1880, ch. 30, § 2), who,…
1Opinion of the Court
Westbrook, J.—[After stating the facts.]
A preliminary objection made in behalf of Mr. Hall must be first considered, which is this: Do the provisions of the Revised Statutes under which this proceeding is instituted apply to the office—-chamberlain or treasurer of a municipal corporation created by special charter—which each of the parties to this proceeding claim to be entitled to ?
If this was an original question, now for the first time presented, there would, as it seems to me, be no difficulty in giving it a negative answer. The proceeding is instituted under article 5, title 6, chapter…
2Cases cited2 opinions
- People ex rel. Williamson v. AllenNew York Supreme Court · 1864
- People ex rel. Kilbourn v. AllenNew York Supreme Court · 1875