Mayor of New York v. Conover
New York Supreme Court
Application for a permanent injunction. A vacancy having occurred in the office of street commissioner of the city of Hew York, one Daniel D. Conover was appointed to fill the same by the governor of the State; and shortly afterwards one Charles Devlin was appointed to the same office by the mayor of the city, with the consent of the Board of Aldermen.
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Application for a permanent injunction. A vacancy having occurred in the office of street commissioner of the city of Hew York, one Daniel D. Conover was appointed to fill the same by the governor of the State; and shortly afterwards one Charles Devlin was appointed to the same office by the mayor of the city, with the consent of the Board of Aldermen. The books and papers appertaining to the office of street commissioner being in possession of Devlin, Conover made application to Mr. Justice Peabody of the Supreme Court (under 1 Rev. Stats., 125, § 56) for an order for the delivery of them to…
1Opinion of the CourtRoosevelt, J.
It is proper in the outset of the present decision to correct a very natural and very prevalent misconception as to the state of the controversy. The question whether Hr. Conover or Mr. Devlin shall be street commissioner of the city of New York, is not now pending in three different modes of procedure, or in any mode before three separate judges, or before any judge of the Supreme Court or of any court. Neither of the three proceedings referred to is adapted to the trial or determination of the title to the office. An action, as it is now denominated, of quo warranto by the attorney-general,…
2Cases cited1 opinion
- Tappan v. GrayNew York Court of Chancery · 1842
3Cited by7 opinions
- Mott v. ConnollyNew York Supreme Court · 1867
- Ciancimino v. ManNew York Court of Common Pleas · 1892
- Johnston v. CarsideNew York Supreme Court · 1892
- Attorney-General v. Interborough-Metropolitan Co.New York Supreme Court · 1907
- Coulter v. MurrayNew York Court of Common Pleas · 1873
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