People Ex Rel. Sherwood v. State Board of Canvassers
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial .department, made December 'T, 1891, which affirmed an order of Special Term directing a writ of peremptory mandamus to issue, commanding the state board of canvassers to issue to the relator a certificate of election to the office of state senator. The facts, so far as material, are stated in the opinions. The relator was at the time of the election, and is ineligible to the office of senator.
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Appeal from order of the General Term of the Supreme Court in the third judicial .department, made December 'T, 1891, which affirmed an order of Special Term directing a writ of peremptory mandamus to issue, commanding the state board of canvassers to issue to the relator a certificate of election to the office of state senator. The facts, so far as material, are stated in the opinions. The relator was at the time of the election, and is ineligible to the office of senator. (Constitution, article 3, § 8; chap. 308, Laws of 1891, §§ 1, 7, 11, 12; 2 Cowen, 29, 30; People v. Comptroller, 20…
1Opinion of the CourtEarl, J.
In 1891 the legislature passed the act, chapter 308, entitled “An act to authorize the selection, location and acquiring of certain grounds for a public park in and near the city of Hornellsville, and to provide for the maintenance and embellishment thereof.” That act provides for the appointment of a board of park commissioners, to consist of six persons; and in the month of May the relator, Franklin D. Sherwood, was duly appointed one of such commissioners. He duly qualified by taking the official oath and giving the official bond therein required, and has ever since acted as such…
2Cases cited16 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
- The People Ex Rel. Furman v. . CluteNew York Court of Appeals · 1872
- Lorillard v. . the Town of MonroeNew York Court of Appeals · 1854
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3Cited by80 opinions
- Commonwealth ex rel. Attorney General v. MathuesSupreme Court of Pennsylvania · 1904
- People v. TremaineNew York Court of Appeals · 1929
- Thompson v. TalmadgeSupreme Court of Georgia · 1947
- People Ex Rel. Wood v. Board of Assessors & Collector of TaxesNew York Court of Appeals · 1893
- State ex rel. Matheny v. County Court of Wyoming CountyWest Virginia Supreme Court · 1900
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