People ex rel. Hall v. Village of Little Falls
New York Supreme Court
Application by the people, on the relation of H. Clay Hall, for a peremptory writ of mandamus, requiring the president, etc., of the village of Little Falls, to appoint relator attorney of the village. The village is incorporated. There are eight trustees, besides a president.
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Application by the people, on the relation of H. Clay Hall, for a peremptory writ of mandamus, requiring the president, etc., of the village of Little Falls, to appoint relator attorney of the village. The village is incorporated. There are eight trustees, besides a president. The trustees are given power by the charter, (section 30, subd. 12) to employ attorneys, and it is provided by section 73 of the by-laws that the village attorney shall act for the village in its legal matters. Ho particular office seems to be created known as the office of “village attorney,” but the person employed by…
1Opinion of the CourtWilliams, J.
The statute under which this application is made provides1 that “honorably discharged Union soldiers and sailors shall be preferred for appointment and employment;” and that “age, loss of limb, or other physical) impairments which do not in fact incapacitate, shall not be deemed to disqualify them, provided they possess the business capacity necessary to discharge the duties of the position involved.” The statute, it will be seen, does not provide the person appointed or employed shall be such discharged soldier. The intention of the statute was not to compel the appointment of, but merely to…
2Cases cited3 opinions
- People Ex Rel. Francis v. . Common CouncilNew York Court of Appeals · 1879
- The People Ex Rel. Millard v. . ChapinNew York Court of Appeals · 1887
- Howland v. . EldredgeNew York Court of Appeals · 1871
3Cited by3 opinions
- People ex rel. Ballou v. WendellNew York Supreme Court · 1890
- People ex rel. Balch v. Mayor of YonkersNew York Supreme Court · 1891
- People ex rel. Lester v. MitchellNew York Supreme Court · 1891