Bailey v. Berry

Order reversed on the law and the facts, application denied, and proceeding dismissed, without costs. The petitioner acted, under appointment purporting to fill a vacancy, as the deputy clerk of the Municipal Court of the City of New York, Borough of Queens, Fourth District. Under the impression that his term of office had expired on January 24, 1933, he surrendered his keys and other property pertaining to the office to another who had been in form appointed to the same position. For at least several days the petitioner did not perform any duties, but made application for a return of his…