People Ex Rel. Nicholl v. New York Infant Asylum
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 17, 1887, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. The nature of the proceeding and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made February 17, 1887, which affirmed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term. The nature of the proceeding and the facts, so far as material, are stated in the opinion. The board of managers had no authority and no jurisdiction to institute an inquiry into and to try before themselves the question of the validity or regularity of the previous election of one of its members, and its action in so doing was, therefore,…
1Opinion of the CourtPotter, J.
The relator is seeking through the process of mandamus to be restored to the office of manager of the respondent. The respondent is a corporation created by an act of the legislature of Hew York, passed March 7, 1865.
By section third of that act, it is provided that “ the property, business and affairs of the said corporation should be managed by a board of at least seventeen members, and that said board might be increased to not exceed" thirty.” Pursuant to the authority in said act, the number of managers of the said corporation was, prior to March, 1884, increased, and now is twenty-eight.…
2Cases cited2 opinions
- Morris v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1846
- People Ex Rel. Mott v. . Board of SupervisorsNew York Court of Appeals · 1876
3Cited by11 opinions
- People Ex Rel. McLaughlin v. Board of Police CommissionersNew York Court of Appeals · 1903
- In re CullenAppellate Division of the Supreme Court of the State of New York · 1905
- Greene v. KnoxAppellate Division of the Supreme Court of the State of New York · 1902
- Jaramillo v. State Ex Rel. Board of County Com'rsNew Mexico Supreme Court · 1926
- People ex rel. Hoffman v. TedcastleThe Superior Court of the City of New York and Buffalo · 1895
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