People Ex Rel. Krulish v. . Fornes
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 19, 1903, which affirmed the proceedings of the board of aldermen of the city of Flew York in determining that the defendant Chambers had been elected a member of that body and dismissed a writ of certiorari to review such proceedings. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered February 19, 1903, which affirmed the proceedings of the board of aldermen of the city of Flew York in determining that the defendant Chambers had been elected a member of that body and dismissed a writ of certiorari to review such proceedings. The facts, so far as material, are stated in the opinion. This court has jurisdiction to entertain the appeal from, the order for the reason that the Appellate Division affirmed the proceedings of the board in refusing to seat the relator.…
1Concurrence
I agree with Judge CULLEN that there is no question presented by the record in this case that is open for review in this court, and hence the order should be affirmed. The functions of this court end when that conclusion is reached, and I am not in favor of dealing with an important question of statutory construction in a case in which we all agree that no questions are presented for the decision of this court. Whatever construction is given to the statute it cannot affect the decision of this court, and hence anything we may say about it might very well be considered as obiter.
The…
2Cases cited4 opinions
- People Ex Rel. Hatzel v. . HallNew York Court of Appeals · 1880
- Tyrrell v. Mayor of New YorkNew York Court of Appeals · 1899
- City of Niagara Falls v. New York Central & Hudson River RailroadNew York Court of Appeals · 1901
- People Ex Rel. Sands v. . FeitnerNew York Court of Appeals · 1903