People Ex Rel. Davis v. Gardner
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court in the fourth department, affirming a judgment in favor of the defendant, rendered on a trial by the court, without a jury- This is an action in the nature of a quo wcvrrcmto, commenced and prosecuted pursuant to sections 428 to 448 of the Code, to oust the defendant from the office of county judge of Hiagara county, and to install the relator into the office.
Read the full summary
Appeal from an order of the General Term of the Supreme Court in the fourth department, affirming a judgment in favor of the defendant, rendered on a trial by the court, without a jury- This is an action in the nature of a quo wcvrrcmto, commenced and prosecuted pursuant to sections 428 to 448 of the Code, to oust the defendant from the office of county judge of Hiagara county, and to install the relator into the office. The defendant was appointed, by the governor, county judge of that county, on Hovember 17, 1868, to fill a vacancy occasioned by the resignation of Judge Lamoht, who was…
1Opinion of the CourtFolgeb, J.
The defendant, at the time of the general election in November, 1869, was holding the office of county judge of Niagara county, by virtue of a valid appointment from the governor.. His term of office would expire on the 31st day of December, 1869. At that general election, he was chosen, by the electors of the county, to the same office for the term of four years from the 31st of December, 1869. At the same election at which he was thus chosen, the electors of the State expressed their assent to the judiciary article of the proposed Constitution. That the electors of the State had so…
2Cases cited1 opinion
- Real v. . the PeopleNew York Court of Appeals · 1870
3Cited by17 opinions
- State ex rel. Hudd v. TimmeWisconsin Supreme Court · 1882
- People Ex Rel. Joyce v. . BrundageNew York Court of Appeals · 1879
- Wingate v. FlynnNew York Supreme Court · 1931
- People Ex Rel. Lawrence v. MannNew York Court of Appeals · 1885
- Columbus v. RuddSupreme Court of Georgia · 1972
12 more not listed; retrieve them via the Exa API.