People ex rel. Remington v. Rector
New York Supreme Court
HEARING upon the return to an alternative writ of mandamus, after a trial of the issues of fact raised by the return. The relator asked for a writ of mandamus against Arthur Sinclair, Edward Buckley, John E. Wright, Isaac A. Biggs and James Gough, to compel them to induct him into the office of rector of the Church of the Atonement.
1Opinion of the Court
By the Court, Gilbert, J.
Upon the trial of the issues formed upon the return to the alternative writ of mandamus, these facts appeared : On the 28th November, 1866, a regular meeting of the vestry was held, both wardens and eight vestrymen being present. There being no rector, the senior warden was duly called to the chair. A resolution was offered to the effect that the relator be engaged as rector for one year from December 1, 1866. Upon this, five voted in the affirmative, and five, including the presiding officer, in the negative^ whereupon the presiding officer declared the resolution to…
2Cases cited2 opinions
- Horton v. GarrisonNew York Supreme Court · 1856
- State v. AdamsSupreme Court of Alabama · 1829
3Cited by2 opinions
- Halstead v. SwartzNew York Supreme Court · 1873
- People ex rel. Walsh v. TellerNew York Supreme Court · 1938