People Ex Rel. Young v. . Straight
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made July 7, 1891, which affirmed an order directing a peremptory writ of mandamus to issue to- defendant, Charles Straight, clerk of the village of Wellsburg, N. Y., commanding him forthwith and immediately to- administer to and file the oath of office of the relator as president of said village. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, made July 7, 1891, which affirmed an order directing a peremptory writ of mandamus to issue to- defendant, Charles Straight, clerk of the village of Wellsburg, N. Y., commanding him forthwith and immediately to- administer to and file the oath of office of the relator as president of said village. The facts, so far as material, are stated in the opinion. The relator was not entitled to a writ of peremptory mandamus. (High’s Ext. Leg. Rem. §§ 9, 10, 32; People ex rel. v. Bd. Suprs., 64 N. Y. 600;…
1Per curiam
The appellant has refused to administer the oath of office to the respondent and raises the question of the right to compel him to administer it. The theory of his case, apparently, is that in some way his administration of the oath of office would amount to a decision as to the respondent’s title to the office, and, as he denied that there was any legal election of the relator, he could not be compelled to take and file his oath. But that is not so. By the provisions of the act, under which this village was incorporated, every person elected or appointed to office is required to take and…
2Cited by2 opinions
- People ex rel. Leonard v. HamiltonAppellate Division of the Supreme Court of the State of New York · 1899
- In re TinkcomNew York Supreme Court · 1906