Gardner v. . People of the State of N.Y.
New York Court of Appeals
Error to the General Term of the Supreme Court in the first judicial department to review judgment affirming a judgment of the Court of Oyer and Terminer of the city and county of New York, entered upon a verdict convicting plaintiffs in error of a misdemeanor.
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Error to the General Term of the Supreme Court in the first judicial department to review judgment affirming a judgment of the Court of Oyer and Terminer of the city and county of New York, entered upon a verdict convicting plaintiffs in error of a misdemeanor. (Reported below, 2 Hun, 222; 5 T. & C., 678.) The indictment charged and the evidence showed, that plaintiffs in error, who were commissioners of police and members of the board of police of the police department of the city of New York, on the 3d day of November, 1873, unlawfully removed one John Sheridan, an inspector of election,…
1Opinion of the Court
Church, Ch. J.
The first question that naturally arises is, whether the statute was violated in not giving notice to inspector Sheridan before removing him. The statue is as follows :
“ The inspectors of election appointed under the provisions of this act shall hold office for one year unless sooner removed for want of the requisite qualifications or for cause, in either of which case such removal, unless made while the inspector is actually on duty on a day of registration, revision of registration or election, and for improper conduct as an election officer, shall only be made after notice in…
2Cases cited3 opinions
- Morris v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1846
- People v. BrooksCourt for the Trial of Impeachments and Correction of Errors · 1845
- People v. JonesNew York Supreme Court · 1863
3Cited by43 opinions
- People v. O'BrienCalifornia Supreme Court · 1892
- People v. . FlackNew York Court of Appeals · 1891
- People v. . WernerNew York Court of Appeals · 1903
- State ex rel. Rowe v. District CourtMontana Supreme Court · 1911
- State v. SmithMontana Supreme Court · 1920
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