People ex rel. Lyndes v. Comptroller of the State
New York Supreme Court
Mandamus. This was a motion for a mandamus directing the comptroller to issue his warrant, authorizing the treasurer to pay to the relators certain moneys drawn for by them, under the following state of facts : In 1836, an act was passed by the legislature of this state authorizing the establishment of a state lunatic asylum, Statutes,■ sess. of 1836, p. 110. By the fourth section of the act, it is made the duty of the governor, secretary of state, and comptroller, after a…
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Mandamus. This was a motion for a mandamus directing the comptroller to issue his warrant, authorizing the treasurer to pay to the relators certain moneys drawn for by them, under the following state of facts : In 1836, an act was passed by the legislature of this state authorizing the establishment of a state lunatic asylum, Statutes,■ sess. of 1836, p. 110. By the fourth section of the act, it is made the duty of the governor, secretary of state, and comptroller, after a site shall be obtained for the location of the asylum, to appoint three commissioners to contract for the erection of the…
1Opinion of the Court
By the Court, Nelson, Ch. J.
If the commissioners are to be regarded as holding an office within the constitutional meaning of the term, there can be no reasonable doubt of the existence of the competent power to remove them. The 16th § of the 4th article of the constitution provides, that “ where the duration of any office is not prescribed by the constitution, it may be declared by law j and if not so declared, such office shall be held during the pleasure of the authority making the appointment.” The duration of office here obviously refers to the period of time the incumbent shall hold,…
2Cited by15 opinions
- People Ex Rel. Sherwood v. State Board of CanvassersNew York Court of Appeals · 1891
- Bunn v. People ex rel. LaflinIllinois Supreme Court · 1867
- State ex rel. Robbins v. County CourtSupreme Court of Missouri · 1872
- People Ex Rel. Gilmour v. HydeNew York Court of Appeals · 1882
- People v. HayesNew York Supreme Court · 1852
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