People ex rel. Dobbs v. Dean
New York Supreme Court
The relator has been appointed, since the first day of J anuaiT instant, a commissioner of deeds in the city of New-York. On presenting himself before the clerk of the common pleas of New-York to take the oath of office, the clerk refuse(j to administer the oath, on the ground that the relator . ’ P . was a minor within the age of 21, and theretore incompetent to the office. The relator applies for a mandamus di- . , . , , . . ,, r r , rectmg the clerk to administer the oath,
1Opinion of the Court
By the Court,
Savage, Ch. J.
A minor and an alien are incapable of holding a civil office within this state, (1 Revised Statutes, 116, § 1;) but it is not the province of the officer to whom application is made to administer the oath of office to determine whether the person presenting himself is or is not capable of holding, an office. It is the duty of such officer, on the production of the commission, to administer the *439oath. If an appointment has been improvidently made, there is a legal mode in which it may be declared void. Let an altentative mandamus issue.
2Cited by15 opinions
- Dolan v. Mayor of New YorkNew York Court of Appeals · 1877
- Green v. BurkeNew York Supreme Court · 1840
- Board of Auditors v. BenoitMichigan Supreme Court · 1870
- Brown v. O'ConnellSupreme Court of Connecticut · 1870
- Morris v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1846
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