People Ex Rel. Mitchell v. . Sturges
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 9, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the plaintiffs complaint upon the merits at a Trial Term, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the third judicial department, entered March 9, 1898, affirming a judgment in favor of defendant entered upon a dismissal of the plaintiffs complaint upon the merits at a Trial Term, a jury having been waived. The nature of the action and the facts, so far as material, are stated in the opinion. The right of the incumbent of a public office to hold and enjoy his office is a right or privilege that is protected by section 1 of article 1 of the Constitution of this state. (Code Civ. Pro. § 1950; People ex rel. v. Draper,…
1Opinion of the CourtHaight, J.
This action was in the nature of a quo war-
ranto brought for the purpose of ousting the defendant from the office of president of the village of Saratoga Springs and declaring the relator entitled thereto.
In March, 1894, the relator was elected president of the village of Saratoga Springs for the term of two years, under the charter then in force. He entered upon the duties of his office and continued until the first Monday of May, 1895, when the defendant entered into the possession of the office to the exclusion of the relator, and has since retained possession and discharged the duties…
2Cases cited2 opinions
- Waterloo Woolen Manufacturing Co. v. ShanahanNew York Court of Appeals · 1891
- Koch v. Mayor of New YorkNew York Court of Appeals · 1897
3Cited by7 opinions
- Bareham v. City of RochesterNew York Supreme Court · 1927
- Brown v. BunselmeyerNew York Supreme Court · 1917
- People ex rel. Ward v. ScheuAppellate Division of the Supreme Court of the State of New York · 1901
- Morrall v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1936
- County of Herkimer v. HessAppellate Division of the Supreme Court of the State of New York · 1933
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