People Ex Rel. Clancy v. Board of Supervisors
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made Hay 10, 1893, which affirmed an order of Special Term granting an application for a writ of peremptory mandamus requiring the board of supervisors of Westchester county to recognize Jeremiah Clancy, the relator, as a supervisor of the fourth ward of the city of Yonkers, and permit him to act as a member of said board. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made Hay 10, 1893, which affirmed an order of Special Term granting an application for a writ of peremptory mandamus requiring the board of supervisors of Westchester county to recognize Jeremiah Clancy, the relator, as a supervisor of the fourth ward of the city of Yonkers, and permit him to act as a member of said board. The facts, so far as material, are stated in the opinion. The legislature is prohibited from passing a local law providing for election of members of boards of supervisors. (Const.…
1Opinion of the Court
Finch, J. By an act of the legislature amending the charter of the city of Yonkers (Laws of 1892, chap. 54, § 4), it was allowed a supervisor for each ward, to be “ elected by the electors of their respective wards.” At the annual town election in 1892, no supervisor for the whole city was elected, and Jacob Read, who was chosen the previous year, claimed to hold over, and be and remain the sole supervisor of the city. But on the last-: Tuesday of March in that year the relator was duly elected supervisor of the fourth ward by virtue of the amendment of the charter allowing a supervisor for…
2Cases cited1 opinion
- Matter of Application of Union Ferry Co.New York Court of Appeals · 1885
3Cited by18 opinions
- Lane v. JohnsonNew York Court of Appeals · 1940
- Baldwin v. City of BuffaloNew York Court of Appeals · 1959
- Town of Greenburgh v. Board of SupervisorsNew York Supreme Court · 1966
- People Ex Rel. Cotte v. . GilbertNew York Court of Appeals · 1919
- Knauf v. County LegislatureNew York Supreme Court · 1967
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