In People ex rel. Wren v. Goetting (133 N.Y. 569) relator was appointed in 1881 clerk of the police court of the third judicial district in Brooklyn.
Summary of this case from People ex Rel. McLaughlin v. Police ComrsArgued April 11, 1892
Decided April 19, 1892
William J. Gaynor for appellant.
Almet F. Jenks for respondent.
GRAY, J., reads for affirmance.
All concur.
Order affirmed.
In People ex rel. Wren v. Goetting (133 N.Y. 569) relator was appointed in 1881 clerk of the police court of the third judicial district in Brooklyn.
Summary of this case from People ex Rel. McLaughlin v. Police ComrsIn Wren's case the relator had been removed from the office of police clerk and by mandamus proceedings sought to compel the police justice to recognize him as clerk, and this court in affirming the order dismissing the writ said in part, Judge GRAY writing: "There is, however, this insuperable objection to the maintenance of this proceeding by the appellant, that mandamus is not the proper remedy in such a case.
Summary of this case from Matter of HartIn People ex rel. Wren v. Goetting (133 N.Y. 569) it was held that the title of one claiming a public office filled by another under color of right may not be determined in a mandamus proceeding where the question of title turns upon a construction of statutory provisions which are not entirely clear and unambiguous, and that the remedy in such cases is by quo warranto.
Summary of this case from People ex Rel. McLaughlin v. Police ComrsFull title:THE PEOPLE ex rel. GEORGE WREN, Appellant, v . ADOLPH GOETTING, Police…
Court:Court of Appeals of the State of New York
Date published: Apr 19, 1892
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