Legal Opinion

People, Ex Rel. Gere v. . Whitlock

New York Court of Appeals

Decided April 17, 1883PublishedCited by 42 opinions

Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 20, 1882, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was in the nature of a quo warranta to try the title of defendants to the office of police commissioners of the city of Syracuse.

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Appeal from judgment of the General Term of the Supreme Court, in the fourth judicial department, entered upon an order made October 20, 1882, which affirmed a judgment in favor of defendants, entered upon a decision of the court on trial at Special Term. This action was in the nature of a quo warranta to try the title of defendants to the office of police commissioners of the city of Syracuse. On the 29th day of August, 1881, the mayor of Syracuse addressed to each of the relators a written notice that he had removed him from the office of police commissioner, of which he was then an…

1Opinion of the CourtDanforth, J.

The thing in dispute is the office of police commissioner of the city of Syracuse. The relators claim it under a statute of 1869, entitled “ An act to provide for the election of police commissioners in the city of Syracuse, and to establish a police force therein ” (Chap. 17, Laws of 1869). The defendants claim it under chapter 559 of the Laws of 1881, entitled “ An act to amend an act to provide for the election of police commissioners in the city of Syracuse, and to establish a police force therein, and to repeal certain sections thereof.” The relators argue that the act of 1881 is a local…

2Cases cited5 opinions

  1. People Ex Rel. Ryan v. . GreenNew York Court of Appeals · 1874
  2. Dash v. Van KleeckNew York Supreme Court · 1811
  3. The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
  4. Conner v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
  5. People Ex Rel. Sims v. Board of Fire CommissionersNew York Court of Appeals · 1878

3Cited by42 opinions

  1. McGuire v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1906
  2. Collison v. StateSupreme Court of Delaware · 1938
  3. State v. TobinWyoming Supreme Court · 1924
  4. Trimble v. People ex rel. PhelpsSupreme Court of Colorado · 1893
  5. Koch v. Mayor of New YorkNew York Court of Appeals · 1897

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