Matter of Gardner
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department affirming an order of Special Term denying a motion for a mandamus. - The affidavit of the applicant set forth, in substance, that in November, 1873, he was duly elected alderman of the Fifth ward of the city of Brooklyn under and in pursuance of the charter (chap. 863, Laws of 1873), and that he entered upon the duties of such office January 1, 1874, and that as alderman he was ex…
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Appeal from order of the General Term of the Supreme Court in the second judicial department affirming an order of Special Term denying a motion for a mandamus. - The affidavit of the applicant set forth, in substance, that in November, 1873, he was duly elected alderman of the Fifth ward of the city of Brooklyn under and in pursuance of the charter (chap. 863, Laws of 1873), and that he entered upon the duties of such office January 1, 1874, and that as alderman he was ex officio supervisor; that, under the provisions of the act chapter 633, Laws of 1875, in November, 1875, one Henry Carr…
1Opinion of the CourtMiller, J.
In his application to the court below the relator sought for a mandamus requiring the clerk of the board of supervisors of Kings county to call his name and record his vote as one of the supervisors and to recognize him in that capacity at all meetings of said board. The proceeding is but a mode of testing the right of the relator to the office in question in disregard of the usual course by quo warranto.
The clerk of a board of supervisors is selected and may be removed at their pleasure, is under the direction of the members of that body and of its presiding officer, and by virtue of his…
2Cases cited1 opinion
- Morris v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1846
3Cited by21 opinions
- Biggs v. McBrideOregon Supreme Court · 1889
- People Ex Rel. McLaughlin v. Board of Police CommissionersNew York Court of Appeals · 1903
- People ex rel. Raster v. HealyIllinois Supreme Court · 1907
- State ex rel. Attorney-General v. JohnsonSupreme Court of Florida · 1892
- MTR. OF DELGADO v. SunderlandNew York Court of Appeals · 2002
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