People ex rel. Gaskill v. Ransom
New York Supreme Court
THIS was an action in the nature of a quo warranta, brought for the purpose of determining the relator’s right to the office of city clerk of the city'of Lockport. An issue of fact was joined in it, which was tried at the circuit held in Niagara county, and a verdict was directed for the plaintiff, subject to the opinion of this court at general term.
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THIS was an action in the nature of a quo warranta, brought for the purpose of determining the relator’s right to the office of city clerk of the city'of Lockport. An issue of fact was joined in it, which was tried at the circuit held in Niagara county, and a verdict was directed for the plaintiff, subject to the opinion of this court at general term. The relator was city clerk on the 15th day of April, 1867, and was then entitled to continue in the office until his successor was appointed. On that day the mayor of the city, at a meeting of the common council, regularly held, nominated the…
1Opinion of the Court
By the Court,
Daniels, J.
Before considering the legal question argued by the counsel in this cause, it will be necessary to say a word in reference to the manner in which the point has been brought before this court for its decision. The verdict could only be taken in the manner it was, for the reason that the case tried presented questions of law, and nothing else. In such a case there can, therefore, be no disputed questions of fact. If there were, they could not be decided by the court; for the decision of such questions is solely within the province of the jury. The facts being all beyond…
2Cited by7 opinions
- People Ex Rel. Argus Co. v. . BreslerNew York Court of Appeals · 1902
- Cate v. MartinSupreme Court of New Hampshire · 1899
- Cromarty v. LeonardAppellate Division of the Supreme Court of the State of New York · 1961
- In re Application of DudleyAppellate Division of the Supreme Court of the State of New York · 1898
- In re DudleyAppellate Division of the Supreme Court of the State of New York · 1898
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