Legal Opinion

In re Howard

New York Supreme Court

Decided February 15, 1899Published

Motioit for a peremptory writ of mandamus, to be directed to the board of supervisors of the county of Erie, commanding said board to place the name of Frederick Howard upon the roll of members of said board, and to call the same and permit said Howard to vote and exercise all the rights and privileges of supervisor of the Twenty-fourth ward of the city of Buffalo. The facts are stated in the opinion.

1Opinion of the CourtChilds, J.

At an election held in ¡November, 1897, one Thomas Tilson was duly elected a member of the board of supervisors of Erie county from the Twenty-fourth ward in the city of Buffalo, for the term of two years, beginning January 1, 1898, and thereafter qualified and assumed the duties of such office and continued to per*234form the same until about the 31st day of March, 1898, when he died, thereby creating a vacancy in the office of supervisor of said ward; on the Tth day of April, 1898, the common council of the city of Buffalo in joint session elected Herman O. Cleveland, a resident of said…

2Cases cited3 opinions

  1. The People Ex Rel. Kelly v. . Common CouncilNew York Court of Appeals · 1879
  2. Williams v. BoyntonNew York Supreme Court · 1893
  3. People ex rel. Howard v. WendeNew York Supreme Court · 1898

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