People ex rel. Martin v. Kenyon
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 17th day of April, 1912, denying the plaintiff’s motion for judgment on the pleadings in favor of plaintiff and against the - defendant for the relief demanded in the complaint. Order affirmed, with ten dollars costs and disbursements.
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Appeal by the plaintiff from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 17th day of April, 1912, denying the plaintiff’s motion for judgment on the pleadings in favor of plaintiff and against the - defendant for the relief demanded in the complaint. Order affirmed, with ten dollars costs and disbursements. All concurred, except Kruse and Robson, JJ., who dissented in a memorandum by Robson, J.
1Dissent
Robson, J. (dissenting):
The controversy arises in an effort to oust defendant from the office of supervisor of the town of Hamlin. It appears that at the town meeting held in November, 1911, the defetidánt as a candidate for the office of supervisor received a clear and substantial majority of the votes cast by the electors. At the time of the election he was a trustee of a school district in that town. He afterwards resigned as such trustee, and thereupon assumed to qualify .and act as supervisor of the town. Relator was the supervisor of the town at the time of the election and still holds…
2Cases cited3 opinions
- Davis v. . Supreme Lodge, Knights of HonorNew York Court of Appeals · 1900
- People v. . PurdyNew York Court of Appeals · 1897
- Woods v. Board of SupervisorsNew York Court of Appeals · 1893
3Cited by4 opinions
- In re KilburnNew York Supreme Court · 1936
- Matter of Clancy v. SloanNew York Court of Appeals · 1937
- Angarano v. Van WartAppellate Division of the Supreme Court of the State of New York · 1973
- Cole v. WilsonNew York Supreme Court · 1952