People ex rel. Preston v. Keator
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William P. Keator, from a judgment of the Supreme Court in favor of the relator, entered in the office of the clerk of the county of Chenango on the 12th day of April, 1915, upon the decision of the court after a trial at the Chenango Special Term.
1Opinion of the Court
Lyon, J.:
The judgment demanded by the relator is that he be adjudged to have the legal right to hold the office of superintendent of *369highways of the town of McDonough, Chenango county, 1ST. T., for the two-year term, commencing November 1, 1913, and that the defendant be adjudged not to have that right and be ousted and excluded from such office.
The parties were opposing candidates for the office at the biennial town election held February 11, 1913. It is not seriously questioned that the relator received a majority of two votes and was duly elected to the office. On March 1, 1913, seventeen…
2Cited by3 opinions
- In re YakelNew York Supreme Court · 1922
- Entwistle v. MurtaughNew York Supreme Court · 1964
- Furk v. Board of SupervisorsNew York Court of Appeals · 1956