Legal Opinion

People v. Vail

New York Supreme Court

Decided July 15, 1838PublishedCited by 35 opinions

Information, in the nature of a quo warranto against the defendant for exercising the office of clerk of the county of Orange, averring that the relator is rightfully entitled to the office. The information was filed, January 6th, 1838. The cause was tried before the Hon. Charles H. Rtjggles, one of the circuit judges, at the Orange Circuit, in April, 1838, when the jury found a special verdict.

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Information, in the nature of a quo warranto against the defendant for exercising the office of clerk of the county of Orange, averring that the relator is rightfully entitled to the office. The information was filed, January 6th, 1838. The cause was tried before the Hon. Charles H. Rtjggles, one of the circuit judges, at the Orange Circuit, in April, 1838, when the jury found a special verdict. From the verdict and the stipulations of the parties, the following facts appear : At the fall election, in 1834, the defendant was elected clerk of the county of Orange, for the term of three years…

1Opinion of the Court

By the Court, Bbonsoin, J.

The certificate of the board of county canvassers that the defendant was elected clerk, was sufficient evidence of that fact. 1 R. S. 118, s. 17. But, I think, both upon principle and authority, that it was not conclusive. The same objection that is made by the defendant in this case, was strenuously urged by counsel in The People v. Van Slyck, *144 Cowen, 297, and was then expressly overruled. In The People v. Ferguson, 8 Cowen, 102, it was held, notwithstanding the determination of the canvassers in favor of the defendant, that the court and jury could look beyond the…

2Cases cited1 opinion

  1. People ex rel. Platner v. JonesNew York Supreme Court · 1837

3Cited by35 opinions

  1. The People v. . CookNew York Court of Appeals · 1853
  2. People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
  3. Dishon v. SmithSupreme Court of Iowa · 1859
  4. People v. CookNew York Supreme Court · 1852
  5. Nichols v. . MacLeanNew York Court of Appeals · 1886

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