People ex rel. Wilbur v. Eddy
New York Supreme Court
THIS case comes here upon certiorari to the county judge of Otsego, to review his proceedings in declaring vacant the offices of the relators, as commissioners of the town of Milford, in said county, to borrow money on the bonds of the town, to be invested in the stock of the Albany and Susquehanna Railroad Company; and in appointing the defendants to fill said offices.
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THIS case comes here upon certiorari to the county judge of Otsego, to review his proceedings in declaring vacant the offices of the relators, as commissioners of the town of Milford, in said county, to borrow money on the bonds of the town, to be invested in the stock of the Albany and Susquehanna Railroad Company; and in appointing the defendants to fill said offices. The proceeding was instituted upon the written application of twelve or more freeholders of said town of Milford, to appoint the defendants such commissioners, on the ground that the relators, who had been appointed to those…
1Opinion of the Court
By the Court, Potter, J.
The proceeding which we are reviewing is entirely a statute proceeding. It confers somewhat unusual powers .upon a judicial officer; and, like all other statute authority which may seem to be interfering with existing rights, must be strictly construed. The proceeding is instituted, and the order of the county judge made, under section 5 of chap. 384 of the laws of 1859, (p. 907,) which provides as follows: “ In case any commissioner, under the act passed March 31, 1856, as amended' April 14, 1857, shall refuse or willfully neglect to perform any part of the duties…
2Cases cited12 opinions
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- In the Matter of the Application of Henry W. CooperNew York Court of Appeals · 1860
- People Ex Rel. Cook v. Board of Police of the Metropolitan Police DistrictNew York Court of Appeals · 1868
- Donaldson v. Wood & WoodCourt for the Trial of Impeachments and Correction of Errors · 1839
- State of Michigan v. . Phoenix BankNew York Court of Appeals · 1865
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Moulton v. ReidSupreme Court of Alabama · 1875
- Ulrich v. City of St. LouisSupreme Court of Missouri · 1892
- State ex rel. McCaffery v. MasonSupreme Court of Missouri · 1900
- State v. EtchmanSupreme Court of Missouri · 1905
- People ex rel. Hamilton Park Co. v. WempleNew York Supreme Court · 1893
3 more not listed; retrieve them via the Exa API.