People ex rel. Hodgkinson v. Stevens
New York Supreme Court
An alternative writ of mandamus was granted on behalf of the relator, setting forth in substance that he was duly appointed clerk of the city of Brooklyn in May 1843, and took the oath of office; and that he had since applied to the defendant, who was the former clerk, for the books, papers and records appertaining to the office, but the deíéndant refused to deliver them.
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An alternative writ of mandamus was granted on behalf of the relator, setting forth in substance that he was duly appointed clerk of the city of Brooklyn in May 1843, and took the oath of office; and that he had since applied to the defendant, who was the former clerk, for the books, papers and records appertaining to the office, but the deíéndant refused to deliver them. The writ Avas issued and made returnable in May term 1843, and commanded the defendant to deliver the books &c. to the relator, without further delay, or shoAV cause &c. The defendant returned that he was duly appointed and…
1Opinion of the Court
Nelson, Ch. J.
The defendant was appointed by the com mon council of the city of Brooklyn, clerk of the board for the year ending the first day of May 1843, and until another should .be appointed in his place. (Sess. L. of ’34, p. 94, 117, §§ 14, 76.) The principal' question in the case is, whether the relator has been appointed for the! ensuing year. If not, then the de- ■ fendant holds over, and is entitled to retain the custody of the books and récords of the office.
The relator was undoubtedly appointed at the first meeting , of the new board in May 1843, if John A. Cross is to be regarded…
2Cases cited7 opinions
- People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
- Wilcox v. SmithNew York Supreme Court · 1830
- Cocke Ex Rel. Commercial Bank of Columbus v. HalseySupreme Court of the United States · 1842
- Bucknam v. RugglesMassachusetts Supreme Judicial Court · 1818
- In re Union InsuranceNew York Supreme Court · 1840
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