People Ex Rel. Frost v. . Wilson
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, denying a motion for a new trial and directing judgment on a verdict in favor of plaintiffs. (Reported below, 3 Hun, 437.) The nature of the action and the facts are set forth sufficiently in the opinion. The court directed a verdict for plaintiff which was rendered accordingly. Exceptions were ordered to be heard at first instance at Special Term.
Read the full summary
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, denying a motion for a new trial and directing judgment on a verdict in favor of plaintiffs. (Reported below, 3 Hun, 437.) The nature of the action and the facts are set forth sufficiently in the opinion. The court directed a verdict for plaintiff which was rendered accordingly. Exceptions were ordered to be heard at first instance at Special Term. The legislature has power to provide for ascertaining, by proper proofs, who are legal voters, that is, by evidence which the interested party has a right…
1Opinion of the CourtAndrews, J.
This action is in the nature of a quo warranto, brought to oust the defendant from the office of county clerk of the county of Monroe to which he claims to have been elected at the general election held in that county in the fall of 1873, and to establish the title of the relator thereto.
It appears from the certificate of the board of county canvassers, that the whole number of votes cast at that election for the office of county clerk was 18,274; of which the defendant received 9,203, and the relator 9,071; the defendant’s majority as certified, being 132. In this aggregate is included 562…
2Cases cited3 opinions
- The People v. . CookNew York Court of Appeals · 1853
- People Ex Rel. Judson v. . ThacherNew York Court of Appeals · 1874
- People ex rel. Crandall v. Overseers of the PoorNew York Supreme Court · 1853
3Cited by12 opinions
- State v. ButtsSupreme Court of Kansas · 1884
- Dells v. KennedyWisconsin Supreme Court · 1880
- Huff v. DuffieldCourt of Appeals of Texas · 1923
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1882
- Attorney General v. CampbellMassachusetts Supreme Judicial Court · 1906
7 more not listed; retrieve them via the Exa API.