People ex rel. Caille v. Merrick
New York Supreme Court
Appeal from circuit court, Broome county. Action to determine the right to the office of city engineer of Binghamton, N. Y. From a judgment dismissing the complaint, and an order denying a motion for a new trial made on the minutes, plaintiff appeals.
1Opinion of the CourtMartin, J.
The sole purpose and object of this action was to determine the title to the office of city engineer of the city of Binghamton, N. Y. The right to that office was claimed both by the relator and the respondent. The former claimed title to the office by virtue of an appointment made by the mayor of the city; the latter, under an appointment made by its common council. The common council at its annual meeting, held on the first Tuesday after the annual city election in the year 1889, duly appointed the respondent as city engineer for the term of two years. In the latter part of March, 1890, the…
2Cases cited4 opinions
- People v. LambierNew York Supreme Court · 1847
- People, Ex Rel. Smith v. . SchielleinNew York Court of Appeals · 1884
- People Ex Rel. Gilmour v. HydeNew York Court of Appeals · 1882
- People, Ex Rel. Freligh v. . MatsellNew York Court of Appeals · 1883
3Cited by1 opinion
- Polk v. BradburyCalifornia Court of Appeal · 1932