People ex rel. Swinburne v. Albany Medical College

— “The Albany Medical College” was created a corporation by and organized under chapter 26 of the Laws of 1839.

The board of trustees is composed of twenty-five persons, and by the act aforesaid (sec. 4) such trustees are authorized “ to appoint the professors and such other instructors as they may deem necessary, subject to a removal by a vote of two-thirds of the members constituting said board when found expedient and necessary.”

The relator Dr. John Swinburne was on the 8th day of February, 1876, duly appointed professor of fractures, dislocations and clinical surgery in said college, which…