People ex rel. Gilchrist v. Murray
New York Court of Common Pleas
Appeal from a judgment of this court, entered by direction of a judge at trial term, and from an order denying a motion for a new trial. The facts are stated in the opinion.
1Opinion of the CourtRobinson, J.
This action was instituted by the attorney-general under the provisions of the Code (sections 428, &c.) to obtain the relief they afforded, as a substitute for a quo warranto, and was brought to oust the defendant Murray from the office of assistant clerk of the Second Judicial Dis*348trict of this city, and to enforce the rights of the relator thereto. It was shown the relator was appointed to that office in January, 1875, by Charles M. Clancey, then justice of the court; that he duly entered upon and exercised the office until he was expelled therefrom in January, 1876, by Francis Mangin,whom…
2Cases cited5 opinions
- Conner v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
- People Ex Rel. Cunningham v. RoperNew York Court of Appeals · 1866
- Brinkley v. . BrinkleyNew York Court of Appeals · 1874
- Rochester & Genesee Valley Railroad v. Clarke National BankNew York Supreme Court · 1871
- People Ex Rel. Hogan v. . FlynnNew York Court of Appeals · 1875