People Ex Rel. Simonson v. Martin
New York Court of Appeals
Appeal by the attorney-general, from the judgment of the Supreme Court, in favor of the defendant, upon demurrer to the plea, in a proceeding in the nature of a quo warranto. An information was filed by the attorney-general against the defendant, on the relation of A. C. Simon-son, for usurping the office of supervisor of the town of Northfield, in the county of Richmond.
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Appeal by the attorney-general, from the judgment of the Supreme Court, in favor of the defendant, upon demurrer to the plea, in a proceeding in the nature of a quo warranto. An information was filed by the attorney-general against the defendant, on the relation of A. C. Simon-son, for usurping the office of supervisor of the town of Northfield, in the county of Richmond. The defendant, in answer to the information, set up the following facts : The annual town-meeting at which he claimed to have been elected, was held, on the 8th February 1848; at the preceding town-meeting, in 1847, the…
1Opinion of the CourtPaige, J.
The only question in this case is, whether the electors of the town of Northfield had power to adjourn the town-meeting which was duly opened and organized at the Bull’s-head tavern, on the morning of the 8th of February 1848, to the house of W. C. Martin, at Port Richmond, in that town. By the revised statutes (1 R. S. 339, § 1), the citizens of the several towns, qualified to vote, are required annually to assemble and hold town-meetings in their respective towns, at such place in each town, as the electors thereof, at their annual town-meeting, shall, from time to time, appoint. And if at…
2Cases cited2 opinions
- The People v. . CookNew York Court of Appeals · 1853
- Goodel v. BakerNew York Supreme Court · 1828
3Cited by7 opinions
- Stockton v. PowellSupreme Court of Florida · 1892
- Hynes v. GeorgeNew York Court of Appeals · 1990
- Beatle v. RobertsSupreme Court of Iowa · 1912
- People ex rel. Van Sickle v. AustinAppellate Division of the Supreme Court of the State of New York · 1897
- People ex rel. Fisher v. Hasbrouck, New York County Courts1897
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