People ex rel. Gerst v. Davis

The relator and defendant both claim title to the office of village clerk of the village of Valatie, H. Y. At the annual meeting of the board of trustees of such village, held on the 21st day of March, 1904, the defendant, Prank G. Davis, received three out of five votes cast for the office of village clerk. He duly qualified and" entered upon the discharge of the duties of such office. One of the three votes received by him was cast by Charles H. Van Burén, acting as trustee of said-village, and whose eligibility to hold such office, of trustee is assailed by the relator in this proceeding.…