People Ex Rel. Ward v. . Scheu
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 6, 1901, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court in an action of quo warranto. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 6, 1901, reversing a judgment in favor of plaintiff entered upon a verdict directed by the court in an action of quo warranto. The facts, so far as material, are stated in the opinion. Under the charter of the city of Buffalo the term of office of defendant under his appointment by the mayor to fill a vacancy expired December 31, 1900, and the term of office of relator began January 1, 1901. (L. 1891, ch. 105 ; L. 1895, ch. 805 ; Const, art. 12, § 3; Petterson v. Welles, 1 App.…
1Opinion of the CourtWerner, J.
The charter of the city of Buffalo provides for a department of public works of which the board of public works shall be the head. This board consists of three commissioners’of public works, one of whom is to be elected by the electors and the other two of whom are to be appointed by the mayor. Under section 271 of said charter “ a vacancy in the office of an elected commissioner shall be filled by appointment by the mayor, until the first day of January, after the next municipal election, at which election a commissioner shall be elected to fill the unexpired term of the elected commissioner…
2Cases cited2 opinions
- People ex rel. Howard v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1899
- People Ex Rel. Hatfield v. . ComstockNew York Court of Appeals · 1879
3Cited by11 opinions
- People Ex Rel. Deitz v. . HoganNew York Court of Appeals · 1915
- State v. CaulkSuperior Court of Delaware · 1927
- Matter of Burke v. CohenNew York Court of Appeals · 1934
- Morrall v. County of MonroeNew York Court of Appeals · 1936
- People ex rel. Sanders v. StockwellNew York Supreme Court · 1910
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