Gilroy v. Smith
New York Supreme Court
At chambers. Special proceeding by Thomas F. Gilroy against D.Lowber Smith, commissioner of public works, to require him to surrender the books and papers in his custody as such officer to the plaintiff, who had been appointed his successor.
1Opinion of the CourtBarrett, J.
Upon the 2d day of the present month the complainant, Gilroy, was appointed by Mayor Grant to the office of commissioner of public works for the term of four years from the 1st day of May, 1889. With this appointment Mr. Gilroy comes before me, and complains that the respondent, Smith, who previously held the same office, and whose term, as it is claimed, expired on the 1st day of May, has refused to deliver over to him the books and papers appertaining to the office. Upon this complaint Mr. Gilroy, under the provisions of the Revised Statute, entitled “Proceedings to compel the delivery of…
2Cases cited8 opinions
- People, Ex Rel. Wood v. . LacombeNew York Court of Appeals · 1885
- People, Ex Rel. Mason v. . McClaveNew York Court of Appeals · 1885
- Demarest v. Mayor, Aldermen and CommonaltyNew York Court of Appeals · 1878
- In re BakerNew York Supreme Court · 1855
- People ex rel. Williamson v. AllenNew York Supreme Court · 1864
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