People ex rel. Mitchell v. Sturges
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The People of the State of Hew York ex rel. Caleb W. Mitchell, from .a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 30th day of Hovember, 1897, upon the decision of the court rendered after a trial before the court without a jury dismissing the complaint upon the merits.
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Appeal by the plaintiff, The People of the State of Hew York ex rel. Caleb W. Mitchell, from .a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 30th day of Hovember, 1897, upon the decision of the court rendered after a trial before the court without a jury dismissing the complaint upon the merits. The action was in the nature of a quo warranto .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…
1Opinion of the Court
Landon, J.:
The officer in question is one “ whose election or appointment is not provided for by this (the) constitution,” and, thereforej he may be elected by the electors of the village dr appointed by such authorities thereof as the Legislature shall designate for the purpose. (Const.' art; 10, § 2'.)- The appellant urges, that section é of the act of 1895, in providing that the board of trustees “ shall proceed to elecl” such officer, violates this section of. the Constitution, conferring the power of election upon the; electors of the village; but it *389is evident that, in this case, as in…
2Cases cited4 opinions
- People Ex Rel. Bolton v. . AlbertsonNew York Court of Appeals · 1873
- Sturgis v. . SpoffordNew York Court of Appeals · 1871
- Waterloo Woolen Manufacturing Co. v. ShanahanNew York Court of Appeals · 1891
- People Ex Rel. Williamson v. . McKinneyNew York Court of Appeals · 1873
3Cited by5 opinions
- United States F. & G. Co. v. BramwellOregon Supreme Court · 1923
- 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
- People ex rel. Ward v. ScheuAppellate Division of the Supreme Court of the State of New York · 1901