People ex rel. Stupp v. Kent
Appellate Division of the Supreme Court of the State of New York
Submission of a controversy upon an agreed statement of facts, pursuant to section 1279 of the Code of Civil Procedure.
1Opinion of the Court
Williams, J.:
Nathan Kent is entitled to hold the office of recorder, James W. Hart the office of city judge, and William S. Elder the office of justice of the peace, until January 4, 1904. Frank J. Stupp, Bichard C. Steel Drummond and Charles T. Whelan claim to be entitled to hold these offices, respectively, from January 5, 1903, by virtue of their election thereto in November, 1902. The real question in controversy is when the terms of office of Kent, Hart and Elder expire, in January of the year 1903 or 1904.
If the terms expired in January, 1903, then Stupp, Drummond and Whelan were…
2Cases cited2 opinions
- People Ex Rel. Village of Brockport v. SutphinNew York Court of Appeals · 1901
- People ex rel. Ward v. ScheuAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by1 opinion
- City of Rochester v. GrayAppellate Division of the Supreme Court of the State of New York · 1909