People ex rel. Dobbs v. Dean

New York Supreme Court

People ex rel. Dobbs v. Dean

3 Wend. 438

CourtNew York Supreme Court

DecidedJanuary 15, 1830

StatusPublished

Cited by15 cases

This text of 3 Wend. 438 (People ex rel. Dobbs v. Dean) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People ex rel. Dobbs v. Dean, 3 Wend. 438 (N.Y. Super. Ct. 1830).

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Opinion

By the Court,

Savage, Ch. J.

A minor and an alien are incapable of holding a civil office within this state, (1 Revised Statutes, 116, § 1;) but it is not the province of the officer to whom application is made to administer the oath of office to determine whether the person presenting himself is or is not capable of holding, an office. It is the duty of such officer, on the production of the commission, to administer the [439]*439oath. If an appointment has been improvidently made, there is a legal mode in which it may be declared void. Let an altentative mandamus issue.

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By the Court,

Savage, Ch. J.

A minor and an alien are incapable of holding a civil office within this state, (1 Revised Statutes, 116, § 1;) but it is not the province of the officer to whom application is made to administer the oath of office to determine whether the person presenting himself is or is not capable of holding, an office. It is the duty of such officer, on the production of the commission, to administer the [439]*439oath. If an appointment has been improvidently made, there is a legal mode in which it may be declared void. Let an altentative mandamus issue.

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Bluebook (online)

3 Wend. 438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-dobbs-v-dean-nysupct-1830.

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