People Ex Rel. McCann v. . Kilbourn
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department in favor of relator, entered upon a ease submitted under section 372 of the Code.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department in favor of relator, entered upon a ease submitted under section 372 of the Code. The facts submitted were in substance as follows: On the 6th day of July, 1874, under the amended charter of the city of Albany (chap. 77, Laws of 187Ó), the mayor elected at the charter election of that year, and who took office on the first Tuesday of May for two years, nominated John 2ST. Parker to the office of street commissioner, but the common council refused to consent or approve, and the then incumbent held…
1Per curiam
This case involves the right of the relator to hold and exercise the functions of the office of street commissioner of the city of Albany. The validity of the relator’s title to the office, depends upon the construction to he placed upon certain provisions of the amended charier of the city of Albany. The charter provides that there shall be chosen by the electors on the second Tuesday of April, in the year 1870, at the charter election and on the same day every two years thereafter, the aldermen for said city who are to enter upon the duties of that office, upon the first Tuesday of May,…
2Cited by6 opinions
- People, Ex Rel. Wood v. . LacombeNew York Court of Appeals · 1885
- Bruce v. MatlockSupreme Court of Arkansas · 1908
- Armitage v. FisherNew York Supreme Court · 1893
- Gundelfinger v. ThieleSupreme Court of Kansas · 1931
- Clayton v. GreenSupreme Court of New Jersey · 1898
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