People ex rel. Ward v. Scheu
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Erie county. Quo warranto by the people, on relation of Francis G-. Ward, against Augustus F. Scheu, to determine the title to an office. From a judgment ousting defendant, and declaring relator to have been duly elected and entitled to the office, defendant appeals.
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Appeal from special term, Erie county. Quo warranto by the people, on relation of Francis G-. Ward, against Augustus F. Scheu, to determine the title to an office. From a judgment ousting defendant, and declaring relator to have been duly elected and entitled to the office, defendant appeals. This is an action in the nature of quo warranto to determine the title to the office of the elected commissioner of public works of the city of Buffalo, N. Y. The city charter, provides for a board of commissioners consisting of three members, two of whom are appointed by the mayor, and the third is…
1Opinion of the CourtAdams, P. J.
It is provided by section 5 of article 10 of the constitution of this state “that the legislature shall provide for filling vacancies in office, and in case of elective offices no person appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election after the happening of the vacancy”; and it is contended by the learned counsel for the relator that inasmuch as the attempted extension of the official term of the defendant beyond the 1st day of January, 1901, was obnoxious to this plain…
2Cases cited10 opinions
- People Ex Rel. Burby v. . HowlandNew York Court of Appeals · 1898
- People, Ex Rel. Gere v. . WhitlockNew York Court of Appeals · 1883
- Conner v. MayorThe Superior Court of New York City · 1849
- Long v. . Mayor, Etc., of City of New YorkNew York Court of Appeals · 1880
- People Ex Rel. Le Roy v. . FoleyNew York Court of Appeals · 1896
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3Cited by1 opinion
- Swanson v. StateNebraska Supreme Court · 1937