People ex rel. Huber v. Adam
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James H. Adam, as mayor of the city of Buffalo, from an order of the Supreme Court, made at the Erie Special Term and entered in the' office of the clerk of the county of Erie on the 6th day of July, 1906, directing that a peremptory writ of mandamus issue tó the mayor of the city of Buffalo commanding him to appoint the relator to the position of bridgetender of said city. •
1Opinion of the Court
Williams, J.:
The order should be reversed, with ten dollars costs and disbursements, and the motion denied, with ten dollars costs.
On the 15th of March, 1906, Alfred Tebo, while a bridgetender, died, and a vacancy thereby occurred in that office. Upon the death of Tebo the harbor master of the city, without the knowledge of the mayor, employed Michael O’Leary, who was on the then civil service list, to act as bridgetender temporarily in place of deceased. March 22, 1906, the harbor master notified the mayor of this employment of O’Leary in place of Tebo, deceased, pending the appointment by…
2Cases cited1 opinion
- People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
3Cited by4 opinions
- Hammond v. RickerAppellate Division of the Supreme Court of the State of New York · 1910
- Cash v. BatesNew York Supreme Court · 1949
- Walsh v. PattersonNew York Supreme Court · 1935
- People ex rel. Halleran v. CreelmanNew York Supreme Court · 1911