People ex rel. Kilbourn v. Allen
New York Supreme Court
Application under the statute before judge Westbrook, as a judicial officer, by Kilbourn to compel Allen to surrender the books and papers belonging to the street commissioner of the city of Albany.
1Opinion of the CourtWestbrook, J.
— By the charter of the city of Albany, the street commissioner is appointed by the mayor and confirmed *98by the common council. He holds his office for two years, and until his successor has been “ appointed and duly qualified.”
The respondent, James Allen, was so appointed in the year 1873, and now claims to continue in office, because, as he alleges, his successor has not yet been “ appointed and duly qualified.” The relator, Kilbourn, claims the office thus: On April 17,1876, the then mayor of the city, Mr. E. L. Judson, sent to the common council a communication in writing, by which he…
2Cited by2 opinions
- Bridgman v. HallNew York Supreme Court · 1885
- Gilroy v. SmithNew York Supreme Court · 1889