People, Ex Rel. Smith v. . Schiellein
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made September 10, 1883, which affirmed an order of Special Term granting a writ of peremptory mandamus, directed to defendants as justices of the peace in the town of New Lots, in the county of Kings, requiring them to meet as the board of canvassers of said town and canvass the ballots cast for justices of the peace at the annual town meeting held in said town in April, 1883. The…
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made September 10, 1883, which affirmed an order of Special Term granting a writ of peremptory mandamus, directed to defendants as justices of the peace in the town of New Lots, in the county of Kings, requiring them to meet as the board of canvassers of said town and canvass the ballots cast for justices of the peace at the annual town meeting held in said town in April, 1883. The said town being in a county having more than three hundred thousand inhabitants, in consequence of the passage of the…
1Opinion of the Court
Ruger, Ch. J.
Prior to the amendments of the State Constitution in' 1826, justices of the peace in the several towns of the State derived their authority to act as such through appointment, either from the council of appointment, or, as pro- - vided in 1822, by the action of' the board of supervisors, and the judges of the County Courts, of the respective counties.
In that year the Constitution was amended so that the people were thereby authorized to elect such officers by ballot “ at their annual elections.” In 1846, the Constitutional provision was so changed by section 18 of article 6 that…
2Cases cited5 opinions
- People ex rel. Bailey v. Supervisors of GreeneNew York Supreme Court · 1851
- Geraty v. . ReidNew York Court of Appeals · 1879
- People Ex Rel. Dolan v. . LaneNew York Court of Appeals · 1873
- The People v. . KeelerNew York Court of Appeals · 1858
- People ex rel. Van Demark v. Commissioners of ExciseNew York Supreme Court · 1858
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- Heffner v. Board of County CommissionersWashington Supreme Court · 1896
- State ex rel. Bennett v. SameWyoming Supreme Court · 1892
- Bonacker v. ChuckrowNew York Supreme Court · 1938
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