People Ex Rel. Babcock v. . Murray
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of relators entered upon a decision of the court at'Special Term. (Reported below, 8 Hun, 579.) This action was in the nature of a quo warranto to try the title to the office of commissioners of excise of the city of Lockport.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of relators entered upon a decision of the court at'Special Term. (Reported below, 8 Hun, 579.) This action was in the nature of a quo warranto to try the title to the office of commissioners of excise of the city of Lockport. It appeared by the evidence that defendants were duly appointed by the mayor commissioners of excise of said city in April, 1870. In April, 1873, the then mayor, at a meeting of the common council, stated that he proposed or nominated the…
1Opinion of the CourtAllen, J.
At the time of the expiration of the term of office of the defendants in 1873, the power to appoint their successors was in the mayor of the city of Lockport, and the assent or approval of the common council was not required, and all acts of the common council in confirming any nomination to the office, or ratifying the action of the mayor in •making an appointment, were nullities. (Laws of 1870, ch. 175, § 2; People v. Gates, 56 N. Y., 387; Same v. Fitzsim mons, 68 id., 514.) The learned judge by whom the action was tried has found as a fact “ that in the month of April, 1873, the relators…
2Cases cited3 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- People ex rel. Van Voast v. Van SlyckNew York Supreme Court · 1825
- People of the State of N.Y. v. . GatesNew York Court of Appeals · 1874
3Cited by19 opinions
- People Ex Rel. Balcom v. . MosherNew York Court of Appeals · 1900
- Moore v. StricklingWest Virginia Supreme Court · 1899
- State ex rel. Fleming v. CrawfordSupreme Court of Florida · 1891
- State ex rel. Kendall v. ColeNevada Supreme Court · 1915
- People ex rel. Laine v. TyrrellCalifornia Supreme Court · 1891
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