People Ex Rel. Burby v. . Howland
New York Court of Appeals
Appeal from an order of the Apjiellate Division of the Supreme Court in the third judicial department, entered August 27, 1897, affirming an order of the Special Term directing the issue of a peremptory writ of mandamus. The town, of Fort Edward, in. Washington county, embraces a territory about ten miles long and three or four miles wide, with a population of 6,000 people.
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Appeal from an order of the Apjiellate Division of the Supreme Court in the third judicial department, entered August 27, 1897, affirming an order of the Special Term directing the issue of a peremptory writ of mandamus. The town, of Fort Edward, in. Washington county, embraces a territory about ten miles long and three or four miles wide, with a population of 6,000 people. It contains two villages, Fort Edward, with a population of nearly 4,000, and embracing a territory of about one square mile, and Fort Miller, a very small place, eight or nine miles from Fort Edward. During the year 1896…
1Opinion of the CourtVann, J.
The question presented by this appeal is whether certain sections of chapter 22 of the Laws of'1896, entitled “An act to provide for the better administration of justice in the town of Port Edward, in the county of "Washington,” are in conflict with the Constitution of the state. By its first twelve sections this statute provided for the election at the annual town meeting in the year 1896 of a police justice to hold office for two years, with a salary of $300 per year, and declared that “ said office shall be one of the town offices of said town.” He was given the same jurisdiction in all…
2Cases cited6 opinions
- People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
- Rathbone v. . WirthNew York Court of Appeals · 1896
- Warner v. People ex rel. ConnerNew York Supreme Court · 1845
- Commonwealth ex rel. Hepburn v. MannSupreme Court of Pennsylvania · 1843
- Osborn v. GantzNew York Court of Appeals · 1875
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3Cited by104 opinions
- People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
- Nys Law Enforcement Employees v. CuomoNew York Court of Appeals · 1984
- Matter of DaviesNew York Court of Appeals · 1901
- In re Lorie C.New York Court of Appeals · 1980
- Schulz v. State of New YorkNew York Court of Appeals · 1994
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