Johnston v. Carside
New York Supreme Court
Appeal from special term, Saratoga county. Action by David J. Johnston against John Carside, mayor, of the city of Cohoes, and Michael J. Daley, for an injunction to restrain defendant Daley from acting as fire commissioner, and to restrain both defendants from deposing plaintiff from the office of commissioner, or appointing or removing any employes of the fire department of Cohoes.
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Appeal from special term, Saratoga county. Action by David J. Johnston against John Carside, mayor, of the city of Cohoes, and Michael J. Daley, for an injunction to restrain defendant Daley from acting as fire commissioner, and to restrain both defendants from deposing plaintiff from the office of commissioner, or appointing or removing any employes of the fire department of Cohoes. From an order refusing to dissolve an injunction granted by the county judge, defendants appeal. Reversed.
1Opinion of the CourtPutnam, J.
The complaint states that the defendant Daley was nominated by the mayor of the city Cohoes as fire commissioner on the 12th day of March, 1889, but was never confirmed by a vote of two thirds of the common council of the city, as required by its charter, and hence never became vested with the office; that defendant W. James Dickey, having been duly appointed and vested with the office of fire commissioner, for sufficient cause, was on the 7th day of April, 1891, by the common council of the city of Cohoes, in pursuance of the provisions of said city’s charter, removed from office; that *328defend…
Also in this document: Concurrence.
2Cases cited5 opinions
- People of N.Y. v. . Canal Board of N.Y.New York Court of Appeals · 1874
- People ex rel. Wood v. DraperNew York Supreme Court · 1857
- Mayor of New York v. ConoverNew York Supreme Court · 1857
- Morris v. WhelanNew York Supreme Court · 1882
- Lewis v. OliverNew York City Court · 1857
3Cited by4 opinions
- People Ex Rel. Corscadden v. . HoweNew York Court of Appeals · 1904
- Lockard v. WisemanWest Virginia Supreme Court · 1954
- Greene v. KnoxAppellate Division of the Supreme Court of the State of New York · 1902
- Greene v. KnoxAppellate Division of the Supreme Court of the State of New York · 1902