People Ex Rel. Loew v. Batchelor
New York Court of Appeals
Appeal from the Supreme Court. Action in the nature of quo warranto to recover the possession of the office of clerk of the first district court in the city of New York. Upon the trial before Mr. Justice E. D. Smith, a jury, having been waived, these facts were found: The defendant was duly appointed to the office in question, December 31, 1851, qualified and entered upon its duties. By the law in force at the time of his appointment (Sess.
Read the full summary
Appeal from the Supreme Court. Action in the nature of quo warranto to recover the possession of the office of clerk of the first district court in the city of New York. Upon the trial before Mr. Justice E. D. Smith, a jury, having been waived, these facts were found: The defendant was duly appointed to the office in question, December 31, 1851, qualified and entered upon its duties. By the law in force at the time of his appointment (Sess. Laws of 1851, p. 598, § 7), the clerks of the district courts were to enter upon the performance of their duties at the same time and to “hold their…
1Opinion of the CourtSelden, J.
The first question which I shall examine is, whether the plaintiff Loew was duly appointed to the office he claims, assuming that there was a vacancy to be filled. This depends upon the question, whether it was necessary to give any notice to the absent aldermen, of the resolution of the 18th of December, 1857, inviting the mayor to attend a convention upon the same afternoon, for the purpose of making the appointments authorized by the act of April 10, 1855. (Sess. Laws, 1855, p. 502.) As this statute expressly provides, that the powers conferred may be exercised at a convention which is…
2Cited by42 opinions
- People Ex Rel. Fowler v. BullNew York Court of Appeals · 1871
- Union Pac. Ry. Co. v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1892
- The People v. . PinckneyNew York Court of Appeals · 1865
- State ex rel. Everding v. SimonOregon Supreme Court · 1891
- Rapoport v. SchneiderNew York Court of Appeals · 1972
37 more not listed; retrieve them via the Exa API.