Tappan v. Gray

Decided December 15, 1843

New York Supreme Court · decided 1843-12-15

<p>On appeal from the court of chancery, where a decree was made reversing the decision of the vice chancellor of the first circuit. For a statement of the case, and the opinion of the chancellor, see 9 Paige 507 et seq. The case was argued here by</p>

Decided 1843-12-15

Nelson, Ch. J.

¶1concurred with the chancellor respecting the jurisdiction of courts of equity in cases of this kind, but expressed no opinion as to the legality of the governor’s act in appointing the respondent to perform the duties of flour inspector.

¶2 *260Root, senator, also concurred with the chancellor on the question of jurisdiction, but dissented from him as to the legality of the respondent’s appointment.

¶3On the question being put “ Shall this decree be reversed ?” all the members of the court present who heard the argument, eighteen in number, voted for affirming.

¶4Decree affirmed.