City of New York v. McAneny
New York Supreme Court
Action for an injunction.
1Opinion of the CourtMcAvoy, J.
The court of, equity to which application for relief in this action has been addressed is not vested with power over the appointment and removal of public officers. Jurisdiction to determine title to *435public office belongs exclusively to the courts of law and is exercised either by certiorari, mandamus, prohibition or quo warranto, according to the circumstances of the ■ case and the mode of procedure established at common law- or by legislative direction.
There cannot be found a case where a bill of injunction has been granted to restrain the appointment or removal of a municipal or state…
2Cases cited5 opinions
- US Bank v. PLANTERS'BANKSupreme Court of the United States · 1824
- People v. . StephensNew York Court of Appeals · 1878
- The People Ex Rel. Kelly v. . Common CouncilNew York Court of Appeals · 1879
- Tappan v. GrayNew York Court of Chancery · 1842
- Tappen v. GrayNew York Court of Chancery · 1841