People Ex Rel. Bast v. . Voorhis
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 3, 1919, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the board of elections of the city of New York in making and preparing notices, ballots, etc., to be used at the general election to be held in the county of Queens on November 4, 1919, to disregard the names of candidates for the office of sheriff,…
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered October 3, 1919, which reversed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the board of elections of the city of New York in making and preparing notices, ballots, etc., to be used at the general election to be held in the county of Queens on November 4, 1919, to disregard the names of candidates for the office of sheriff, and directing that the names of none of said candidates should appear thereon. The facts, so far as material, are…
1Opinion of the CourtChase, J.
The question presented on this appeal is .whether the electors of the county of Queens can lawfully choose a sheriff for that county at the general election to be held November 4 of this year. The Constitution provides that the time of electing all officers named in article 10 thereof .shall be prescribed by law. (Canst, art. 10, sec. 4.) Sheriffs are named in that article. The political year begins on the first day of January. (Canst, art. 10, sec. 6.) ' The legislature has prescribed for the election of sheriffs to hold office “ for three years from and including the first day of January…
2Cases cited10 opinions
- People ex rel. Gallup v. GreenNew York Supreme Court · 1829
- People Ex Rel. Snyder v. . HylanNew York Court of Appeals · 1914
- Matter of Mitchell v. . BoyleNew York Court of Appeals · 1916
- People Ex Rel. Mitchell v. . SohmerNew York Court of Appeals · 1913
- Attorney General ex rel. Schantz v. BrunstWisconsin Supreme Court · 1854
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3Cited by4 opinions
- People ex rel. Stalter v. LynchAppellate Division of the Supreme Court of the State of New York · 1926
- State ex rel. Knutson v. JohnsonWisconsin Supreme Court · 1920
- Opn. No., New York Attorney General Reports2004
- Opn. No., New York Attorney General Reports1995