People ex rel. Davis v. Gardner
New York Supreme Court
THIS is an action in the nature of a quo warranto, commenced and prosecuted "pursuant to sections 428 to 448 of the Code, to oust the defendant from the office of county judge of Niagara county, and to install the relator into the office.
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THIS is an action in the nature of a quo warranto, commenced and prosecuted "pursuant to sections 428 to 448 of the Code, to oust the defendant from the office of county judge of Niagara county, and to install the relator into the office. The action was tried by the court without a jury, (a trial by jury having been waived by consent of the respective parties,) at a circuit held before Justice Marvin, in Niagara county, in February,. 1871; aucTthe court having heard the proofs and allegations of the parties, respectively, found the following facts as proved: That on November 17, 1868, the…
1Opinion of the CourtMarvin, J.
At the general election held in ¡November, 1869, the electors of the State adopted a substitute for the sixth article of the constitution of 1846, to go into effect on the 1st day of January, 1870. It is known as the judiciary article.
By the 15th section it is declared that “ The existing county courts are continued, and the judges thereof in office at the adoption of this article, shall hold their offices until the expiration of their respective terms. Their successors shall be chosen by the electors of the counties for the term of six years.” In section 13 it is declared, “ But no person…
2Cases cited2 opinions
- Real v. . the PeopleNew York Court of Appeals · 1870
- People Ex Rel. Davies v. CowlesNew York Court of Appeals · 1856
3Cited by8 opinions
- State ex rel. Hudd v. TimmeWisconsin Supreme Court · 1882
- Cutting v. TaylorSouth Dakota Supreme Court · 1892
- Wingate v. FlynnNew York Supreme Court · 1931
- Kirby v. Western Union Telegraph Co.South Dakota Supreme Court · 1893
- State v. BradfordSouth Dakota Supreme Court · 1899
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