In re Board of Health
Appellate Division of the Supreme Court of the State of New York
Appeal by Morris E. Kirkpatrick and Hathan T. Shaw from an order of the County Court of Saratoga county, entered in the office of the clerk of the county of Saratoga on the 14th day of July, 1899, directing them to deliver to the board of health of the village of Lansingburgh certain books and papers in their possession. In March, 1896, pursuant to the Public Health Laws of the State, a board of health was organized in and for the village of Lansing-burgh.
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Appeal by Morris E. Kirkpatrick and Hathan T. Shaw from an order of the County Court of Saratoga county, entered in the office of the clerk of the county of Saratoga on the 14th day of July, 1899, directing them to deliver to the board of health of the village of Lansingburgh certain books and papers in their possession. In March, 1896, pursuant to the Public Health Laws of the State, a board of health was organized in and for the village of Lansing-burgh. Such board was composed of seven members elected by the trustees of such village. They were divided into three classes, whose terms would…
1Opinion of the Court
Herrick, J.:
It has been repeatedly held that proceedings to compel the delivery of books and papers of public officers will not be used to determine title to office.
It has also been held that where a person produced a certificate *238of election from the proper election officers, and had taken the constitutional oath of office, and given the necessary bond, where one was required, he was entitled to the books and papers pertaining to such office.
In making the order for the delivery of the books and papers in this case, the county judge has come perilously near, if he has not quite decided, the…
2Cited by6 opinions
- People ex rel. Walton v. HicksAppellate Division of the Supreme Court of the State of New York · 1916
- Towne v. PorterAppellate Division of the Supreme Court of the State of New York · 1908
- Kress v. Village of Watkins GlenAppellate Division of the Supreme Court of the State of New York · 1934
- People ex rel. Bush v. HoughtonAppellate Division of the Supreme Court of the State of New York · 1905
- People ex rel. Bush v. HoughtonAppellate Division of the Supreme Court of the State of New York · 1905
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