In re Drury
New York Supreme Court
This is an application made under section 2471a of the Code of Civil Procedure to compel the defendant Lewis P. Taylor, the present incumbent of the office of town clerk in the town of Oswego, to deliver the books and papers of that office to the applicant herein, Henry L. Drury, on the ground that he, instead of Lewis P. Taylor, is the legal incumbent.
1Opinion of the CourtWright, J.
The applicant herein was duly elected town clerk of the town of Oswego at the general election held November 5, 1901. He neglected to subscribe and file his oath within the time prescribed by law; he also failed to file his verified statement of election expenses within the statutory period. ' The town board thereupon, on January 18, 1902, appointed the defendant as town clerk to fill the vacancy, and he now has the books and papers of that office in his possession.
Section 51 of the Town Law (L. 1890, ch. 569) provides: *289“ Every person elected or appointed to any town office, * * * shall,…
2Cases cited5 opinions
- Foot v. . StilesNew York Court of Appeals · 1874
- Cawley v. People ex rel. Woodford CountyIllinois Supreme Court · 1880
- People ex rel. Brooks v. WattsNew York Supreme Court · 1893
- Pryor v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1901
- In re TaylorNew York Supreme Court · 1890