Anker v. Dibble

This is an appeal from an order denying a mandamus order. Petitioner was the assistant building inspector of the city of Schenectady. The board of estimate and apportionment abolished this position. The mandamus sought to require the comptroller to issue his warrant for payment to petitioner for the services rendered and tendered after his position was abolished.

Petitioner claims that he held his position directly and indirectly by appointment of the common council and that the board of estimate and apportionment had no power to abolish his position. The general rule, when not qualified, by…