People Ex Rel. Bush v. . Houghton
New York Court of Appeals
Appeal from a judgment, entered. Itarch 14, 1905, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, which reversed a judgment of Special Term ousting the defendants from the office of members of the hoard of health of the city of Oswego and directed that the complaint he dismissed. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment, entered. Itarch 14, 1905, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, which reversed a judgment of Special Term ousting the defendants from the office of members of the hoard of health of the city of Oswego and directed that the complaint he dismissed. The nature of the action and the facts, so far as material, are stated in the opinion. The defendants did not raise the constitutional question by the pleadings or upon the trial — hence waived it and cannot raise it here. (Snider v. Snider, 160 N. Y. 155; Vose v.…
1Opinion of the CourtGray, J.
The attorney-general of the state brought this action, upon the relation of the appellants to oust the respondents from their offices as members of the local board of health of the city of Oswego, upon the allegation that the latter had “ unlawfully intruded ” into the said offices and have unlawfully held and exercised the same. The answer of the defendants denied this allegation and denied that the complainants w'ere ever duly or legally appointed members of the local board of health of the city. The court, at Special Term, directed judgment against the defendants; but, on appeal to the…
2Cases cited3 opinions
- Massachusetts National Bank v. ShinnNew York Court of Appeals · 1900
- Dodge v. . CorneliusNew York Court of Appeals · 1901
- People Ex Rel. Haughton v. . AndrewsNew York Court of Appeals · 1887
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- Cleveland v. . City of WatertownNew York Court of Appeals · 1917
- People Ex Rel. Werner v. . PrendergastNew York Court of Appeals · 1912
- In re SchaeferAppellate Division of the Supreme Court of the State of New York · 1933
- Housing & Development Administration v. Community Housing Improvement Program, Inc.Civil Court of the City of New York · 1975
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