Devlin v. Platt
New York Court of Common Pleas
Motion for an order for the delivery of the books and papers pertaining to the office of chamberlain of the city of Mew York. In December, 1860, during the absence of the mayor of the city of Mew York, from the city, the president of the Board of Aldermen, by virtue of his power as acting mayor, and with the concurrence of the Board of Aldermen, removed Platt from his office of city chamberlain; and with the consent of the Board of Aldermen appointed Devlin in his stead.
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Motion for an order for the delivery of the books and papers pertaining to the office of chamberlain of the city of Mew York. In December, 1860, during the absence of the mayor of the city of Mew York, from the city, the president of the Board of Aldermen, by virtue of his power as acting mayor, and with the concurrence of the Board of Aldermen, removed Platt from his office of city chamberlain; and with the consent of the Board of Aldermen appointed Devlin in his stead. The mayor on his return made an order suspending Devlin, and Platt accordingly refusing to deliver over the books and…
1Opinion of the CourtHilton, J.
This proceeding has been instituted before me under 1 Revised Statutes, 124, §§ 50, 51, 52, 53, on behalf of Daniel Devlin, claiming to have been duly appointed successor of Nathan C. Platt, as chamberlain of the city of New York, to procure the delivery of the books and papers appertaining to the office, and which are in his custody.
The sections of the statutes referred to, provide: That whenever a person shall be removed from public office, or his term shall expire, he shall, on demand, deliver over to his successor all the books and papers in his custody in any way appertaining to the…
2Cases cited4 opinions
- Lynde v. NobleNew York Supreme Court · 1822
- Haines v. BackusNew York Supreme Court · 1830
- Munro v. BakerNew York Supreme Court · 1826
- Shotwell v. DanielsNew York Supreme Court · 1811
3Cited by4 opinions
- People ex rel. San Francisco v. County JudgeCalifornia Supreme Court · 1871
- Grinager v. Town of NorwaySupreme Court of Minnesota · 1885
- Hall v. HoodNew York Supreme Court · 1923
- People v. CooperNew York Supreme Court · 1880