Matter of Taylor
New York Court of Appeals
Appeal from order of the Appellate Division of the Supreme Court in the second judicial department, made April 1,1896, which affirmed an order of the County Court of Westchester county, entered December 28, 1895, upholding and affirming an election held in ¡November, 1895, in parts of the towns of Mamaroneck and ¡Rye, in Westchester county. The facts, so far as material, are stated in the opinion. A vote for and against the incorporation of a village is an election.
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Appeal from order of the Appellate Division of the Supreme Court in the second judicial department, made April 1,1896, which affirmed an order of the County Court of Westchester county, entered December 28, 1895, upholding and affirming an election held in ¡November, 1895, in parts of the towns of Mamaroneck and ¡Rye, in Westchester county. The facts, so far as material, are stated in the opinion. A vote for and against the incorporation of a village is an election. (Laws of 1870, chap. 291, §§ 7, 8, 10, 11; Const, of N. Y. art. 2, § 5 ; People ex rel. v. Bd. of Suprs., 139 N. Y. 524; Laws of…
1Opinion of the CourtO’Brien, J.
The questions involved in this appeal arise out of proceedings under the statute to incorporate a new village from parts of two towns in the county of Westchester. The petitioner who brings this appeal was one of the citizens who was opposed to the incorporation of the village, and he claims that the election had or vote taken for the purpose of ascertaining the will of the people residing in the territory proposed to be included in the new village was not in compliance with the statute and, therefore, that no legal expression of their wishes' in that regard has ever been had. If he is right…
2Cited by3 opinions
- Eggleston v. Board of CanvassersAppellate Division of the Supreme Court of the State of New York · 1900
- In re Village of Le RoyAppellate Division of the Supreme Court of the State of New York · 1898
- In re EgglestonAppellate Division of the Supreme Court of the State of New York · 1900