Schwab v. Boyle
Appellate Division of the Supreme Court of the State of New York
Appeal by the relator, Joseph S. Schwab, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the lYth day of August, 1916, denying his motion for a peremptory writ of mandamus restraining the defendants from certifying at the coming primary and general election in 1916 to the existence of a vacancy in the office of the president of the board of aldermen of the city of New York or calling…
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Appeal by the relator, Joseph S. Schwab, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the lYth day of August, 1916, denying his motion for a peremptory writ of mandamus restraining the defendants from certifying at the coming primary and general election in 1916 to the existence of a vacancy in the office of the president of the board of aldermen of the city of New York or calling for the election of his successor, - and further restraining them from printing any ballots containing nominations for…
1Opinion of the Court
McLaughlin, J.:
The question presented by this appeal is one of law — the facts, which are as follows, being undisputed.
At an election held in the city of New York in November, 1913, one George McAneny was elected president of the board of aldermen for a term of four years beginning January 1, 1914, and expiring December 31, 1917.
At an election held in the seventh aldermanic district of such city in November, 1915, one Frank L. Dowling was elected a member of the board of aldermen for a term of two years beginning January 1, 1916, and expiring December 31, 1917. On the third of January…
2Cases cited1 opinion
- People Ex Rel. Deitz v. . HoganNew York Court of Appeals · 1915
3Cited by3 opinions
- Roher v. DinkinsAppellate Division of the Supreme Court of the State of New York · 1972
- Needleman v. VoorhisNew York Court of Appeals · 1930
- Roher v. DinkinsNew York Supreme Court · 1972