People Ex Rel. Hatfield v. . Comstock
New York Court of Appeals
Appeal from, judgment of "the General Term of the Supreme Court, in the fourth judicial department, in favor of relator, entered upon an order reversing a judgment in favor of defendant, and directing judgment for relator. (Reported below, 18 Hun, 311.) This was an action in the nature of a quo warranto, to determine the title to the office of superintendent of the poor of the county of Oneida.
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Appeal from, judgment of "the General Term of the Supreme Court, in the fourth judicial department, in favor of relator, entered upon an order reversing a judgment in favor of defendant, and directing judgment for relator. (Reported below, 18 Hun, 311.) This was an action in the nature of a quo warranto, to determine the title to the office of superintendent of the poor of the county of Oneida. On the 4th of October, 1878, a vacancy was created in the office of superintendent of the poor in said county, by the removal by the governor of Thomas J. Brown, who was elected to the office in the…
1Opinion of the Court
Church, Ch. J.
It was suggested on the argument that an early decision in this case is important, m order that, if necessary, the office of superintendent of the poor for Oneida county may be filled at the ensuing election. We have therefore carefully considered the question involved, and have arrived at the conclusion that the decision at Special Term was correct, that the election of the relator in 1878 was unauthorized, and that by the appointment of the defendant in October, 1878, to fill the-vacancy occasioned by the removal of Brown, he was entitled to hold during the remainder of…
2Cases cited2 opinions
- The People Ex Rel. Furman v. . CluteNew York Court of Appeals · 1872
- People ex rel. Gallup v. GreenNew York Supreme Court · 1829
3Cited by15 opinions
- In re SchultesAppellate Division of the Supreme Court of the State of New York · 1898
- Matter of Mitchell v. . BoyleNew York Court of Appeals · 1916
- People Ex Rel. Deitz v. . HoganNew York Court of Appeals · 1915
- People Ex Rel. Ward v. . ScheuNew York Court of Appeals · 1901
- People ex rel. Burger v. BlairAppellate Division of the Supreme Court of the State of New York · 1897
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