People ex rel. Perry v. Thompson
New York Supreme Court
MOTION for mandamus. On the second Tuesday of April, 1856, an election was held in the city of Albany, for charter officers, and among others, for a mayor, who was to hold his office for two years, commencing on the first Tuesday of May. The relator was a candidate for the office.
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MOTION for mandamus. On the second Tuesday of April, 1856, an election was held in the city of Albany, for charter officers, and among others, for a mayor, who was to hold his office for two years, commencing on the first Tuesday of May. The relator was a candidate for the office. The common council, at its next meeting after the election, proceeded to canvass the votes, and, upon such canvass, it was declared, as the result of the election, that the relator had received the greatest number of votes, and was duly elected to the office. He accordingly took the oath of office, and on the 6th of…
1Opinion of the CourtHarris, J.
Which of the parties who claim to have been elected mayor is rightfully entitled to the office, is a question which, unfortunately, has not yet been solved. As between the relator and his competitor for the office, the question is still open for litigation. But, as between the relator and the corporation of Albany, it is at least doubtful whether the right of the former to the office can be disputed. The common council, acting as a board of canvassers, has declared that he had been elected to the office of mayor. The certificate of such election is sufficient evidence of the fact, in all…
2Cases cited2 opinions
- McCullough v. Mayor of BrooklynNew York Supreme Court · 1840
- People v. Supervisors of the County of ColumbiaNew York Supreme Court · 1833
3Cited by11 opinions
- Wolfe v. GoulardNew York Supreme Court · 1859
- Crandall v. Amador CountyCalifornia Supreme Court · 1862
- State ex rel. Pfister v. Mayor of ManitowocWisconsin Supreme Court · 1881
- Durant v. WhedonAppellate Division of the Supreme Court of the State of New York · 1922
- Foster v. AngellSupreme Court of Rhode Island · 1895
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