Palmer v. Foley
The Superior Court of New York City
Appeal from an. order of Special Term, continuing an injunction. The action was brought by the plaintiff, the chamberlain of the city of New York, to restrain the defendant, who claimed to be deputy chamberlain under an appointment by the comptroller, from intruding upon the office. An injunction was granted and continued by the Special Term. From this order the defendant appealed.
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Appeal from an. order of Special Term, continuing an injunction. The action was brought by the plaintiff, the chamberlain of the city of New York, to restrain the defendant, who claimed to be deputy chamberlain under an appointment by the comptroller, from intruding upon the office. An injunction was granted and continued by the Special Term. From this order the defendant appealed. The plaintiff was appointed chamberlain of the city of New York January 6th, 1872, and was in the possession and exercising the duties of his office and claiming the right under chapter 623, laws of 1866. On the…
1Opinion of the Court
By the Court.—Monell, J.
I do not think it necessary in this case that it should be determined where the power resides to appoint a deputy chamberlain of the city, whether in the chamberlain or in the comptroller.
The consideration of that question would be, in effect, the trial of the title to the office, which cannot be done in so collateral or incidental a manner.
The provision made by law for the trial of such questions is exclusive and not cumulative. Whenever it is alleged that a person has usurped a public office, the attorney-general is authorized to institute an action, on *17behalf of the…
2Cases cited7 opinions
- Tappan v. GrayNew York Court of Chancery · 1842
- Parker v. BakerNew York Court of Chancery · 1840
- Hall v. LutherNew York Supreme Court · 1835
- Mott v. ConnollyNew York Supreme Court · 1867
- Mayor of New York v. TuckerNew York Court of Common Pleas · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Ekern v. McGovernWisconsin Supreme Court · 1913
- Ward v. SweeneyWisconsin Supreme Court · 1900