In re Fitzgerald
Appellate Division of the Supreme Court of the State of New York
Appeal by Charles Keenan from an order of the County Court of Cattaraugus county, entered in the office of the clerk of said court on the 6th day of May, 1903, .directing him to deliver to the petitioner, William D. Fitzgerald, the books and papers pertaining to the office of the clerk of the city of Clean.
1Opinion of the Court
Thrasher, J.:
This proceeding is instituted by the petitioner, William D. Fitzgerald, under section 2471a of the Code of Civil Procedure, to compel Charles Keenan, who is acting as the clerk of the city of Clean, to deliver to the petitioner the books and papers pertaining to that office-; and is based upon the claim of Fitzgerald that he has heretofore been duly appointed and has duly qualified as such officer and is entitled to the books and to exercise the duties of the office as against Keenan, who withholds from him such books and papers. The defendant, on the papers, denies the right of…
2Cases cited10 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- People Ex Rel. Williamson v. . McKinneyNew York Court of Appeals · 1873
- Matter of BradleyNew York Court of Appeals · 1894
- Cronin v. . StoddardNew York Court of Appeals · 1884
- In re SellsAppellate Division of the Supreme Court of the State of New York · 1897
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3Cited by6 opinions
- State v. IsaacsSuperior Court of Delaware · 1934
- Becraft v. StrobelAppellate Division of the Supreme Court of the State of New York · 1936
- Casler v. TanzerNew York Supreme Court · 1928
- Lazarus v. City of New YorkNew York Supreme Court · 1934
- Longobardi v. OakleyNew York Supreme Court · 1966
1 more not listed; retrieve them via the Exa API.