People Ex Rel. Bridgeman v. . Hall
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made at the January Term, 1886, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was in the nature of a quo wa/rranto to determine the title to the office of chamberlain of the city of Troy. The material facts are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made at the January Term, 1886, which affirmed a judgment in favor of plaintiff, entered upon a decision of the court on trial at Special Term. This action was in the nature of a quo wa/rranto to determine the title to the office of chamberlain of the city of Troy. The material facts are stated in the opinion. ISTo acting chamberlain could be appointed during Church’s absence, because the charter evidently contemplates a temporary sickness or absence, and Church’s absence was…
1Opinion of the CourtAndrews, J.
We think the judgment should be affirmed, and shall content ourselves by stating briefly the reasons for this conclusion.
The controversy relates to the title to the office of chamberlain of the city of Troy at the time of the commencement of the action, in September, 1885. The relator claims title by virtue of his nomination by the mayor, May 21, 1885, for the office of chamberlain “ for the ensuing term of three years,” and its confirmation under the provisions of the charter, by the failure of the common council to reject the same. The defendant claims title under a written appointment,…
2Cases cited1 opinion
- People ex rel. Andrews v. LordMichigan Supreme Court · 1861
3Cited by11 opinions
- Clark v. . ScovillNew York Court of Appeals · 1910
- People v. . DooleyNew York Court of Appeals · 1902
- State Ex Rel. Rosenthal v. SmileySupreme Court of Missouri · 1924
- Barrett v. MinerNew York Supreme Court · 1922
- Dekdebrun v. HardtAppellate Division of the Supreme Court of the State of New York · 1979
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