People Ex Rel. Smith v. . Weeks
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered September 28, 1903, which affirmed an order of Special Term denying a motion for a peremptory .writ of mandamus. The nature of the proceeding and the facts, so far as' material, are stated in the opinion. It is competent for the legislature, under the Constitution, to lengthen the terms of office of town officers in advance of their election.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered September 28, 1903, which affirmed an order of Special Term denying a motion for a peremptory .writ of mandamus. The nature of the proceeding and the facts, so far as' material, are stated in the opinion. It is competent for the legislature, under the Constitution, to lengthen the terms of office of town officers in advance of their election. (Const, of N. Y. art. 10, § 2; People ex rel. Williamson v. McKinney, 52 N. Y. 374; People ex rel. v. Foley, 148 N. Y. 677.) Although, at the…
1Opinion of the Court
Parker, Ch. J.
The county of Bassau came into existence January 1, 1899, by ch. 588, Laws 1898, section 5 of which provided that the first meeting of the board of supervisors should be held January 3, 1899.
• During such session the board passed an act pursuant to statute (Oh. 481, Laws 1897) fixing the first Tuesday in April as the time when biennial town meetings should be held. Such an election was held April 2, 1901, and seven days later the board of supervisors, the members of which had been elected at that meeting, passed a resolution providing that the biennial town meetings in the year…
2Cited by6 opinions
- Smith v. FarleyAppellate Division of the Supreme Court of the State of New York · 1913
- Lane v. TiltonNew York Supreme Court · 1904
- People ex rel. Cotte v. GilbertAppellate Division of the Supreme Court of the State of New York · 1919
- People ex rel. Fluckiger v. HuftalenAppellate Division of the Supreme Court of the State of New York · 1913
- Opn. No., New York Attorney General Reports1999
1 more not listed; retrieve them via the Exa API.