Legal Opinion

People Ex Rel. Lovett v. . Randall

New York Court of Appeals

Decided January 19, 1897PublishedCited by 15 opinions

Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered December 12, 1895, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Circuit, a jury having been waived. This was an action of quo warranto to determine the title to the office of commissioner of highways of the town of Warwick, Orange county. The facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered December 12, 1895, which affirmed a judgment in favor of plaintiff entered upon a decision of the court on trial at Circuit, a jury having been waived. This was an action of quo warranto to determine the title to the office of commissioner of highways of the town of Warwick, Orange county. The facts, so far as material, are stated in the opinion. The term of office of commissioner of highways of the town of Warwick became a term of two years by virtue of the resolution of the town…

1Opinion of the CourtO’Brien, J.

The relator and the defendant each claimed to be entitled to hold the office of commissioner of highways of the town of Warwick, in the county of Orange. The courts below have decided that the relator" was entitled to hold the office, and that the defendant was not. The town has had but one commissioner of highways since the year 1857. At the annual town meeting in March, 1893, the defendant was elected to the office for one year. At the annual town meeting in March, 1894, the defendant and the relator were candidates for the office, but no choice wTas made, the vote being a tie. The…

2Cases cited2 opinions

  1. Rathbone v. . WirthNew York Court of Appeals · 1896
  2. People Ex Rel. Le Roy v. . FoleyNew York Court of Appeals · 1896

3Cited by15 opinions

  1. State ex rel. Cummings v. TrewhittTennessee Supreme Court · 1904
  2. Slewett & Farber v. Board of Assessors of County of NassauAppellate Division of the Supreme Court of the State of New York · 1981
  3. Richman v. LighamSupreme Court of New Jersey · 1956
  4. In Re George I. Benny and Alexandra Benny, Debtors. Alexandra Benny v. John M. England, Trustee, Chicago Title Insurance Company, Creditor, Etc., United States of America, Intervenor-Appellant v. John M. England, Trustee, Chicago Title Insurance Company, Creditor, Etc.Court of Appeals for the Ninth Circuit · 1987
  5. In re SmithNew York Supreme Court · 1906

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