People ex rel. Young v. Gulvin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Reuben H. Gulvin and others, from part of a judgment of the Supreme Court in favor of the relators, entered in the office of the clerk of the county of Ontario on the 14th day of August, 1914, upon the decision of the court after a trial before the court, a jury having been waived.
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Appeal by the defendants, Reuben H. Gulvin and others, from part of a judgment of the Supreme Court in favor of the relators, entered in the office of the clerk of the county of Ontario on the 14th day of August, 1914, upon the decision of the court after a trial before the court, a jury having been waived. The appeal is from the whole judgment, except such part thereof as decides that the defendant William S. Moore was duly appointed by the mayor of the city of Geneva a commissioner of health of that city for a term to expire on December 31, 1918, that he duly qualified, and now is a…
1Opinion of the Court
All concurred; Robson, J., not sitting.
The following is the opinion of the court below:
Sutherland, J.:
This action is to determine which of two rival boards is the lawful board of health of the city of Geneva, the old board, whose regularity is asserted by the relators, consisting of five members, four of whom were appointed prior to 1914 by the mayor under the charter of that city for terms of five years each, which period has not expired, or the new board, consisting of the seven defendants, six of whom were appointed by the common council for terms of three years, upon nomination of the…
2Cases cited7 opinions
- Matter of Commissioners of Central ParkNew York Court of Appeals · 1872
- Buffalo Cemetery Assn. v. . City of BuffaloNew York Court of Appeals · 1889
- Stadler v. City of DetroitMichigan Supreme Court · 1865
- Van Denburgh v. President & Trustees of Village of GreenbushNew York Court of Appeals · 1876
- People v. . DooleyNew York Court of Appeals · 1902
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3Cited by6 opinions
- State Ex Rel. James v. AronsonMontana Supreme Court · 1957
- Farrell v. Board of HealthAppellate Division of the Supreme Court of the State of New York · 1935
- People ex rel. Lucas v. Warden of New York City PenitentiaryNew York Supreme Court · 1940
- MacAdams v. CohenAppellate Division of the Supreme Court of the State of New York · 1932
- Opn. No., New York Attorney General Reports1977
1 more not listed; retrieve them via the Exa API.