The People Ex Rel. Furman v. . Clute
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming in part and reversing in part a judgment entered upon the decision of the court upon trial at Special Term. (Reported below, 42 How. Pr., 157.) This action was brought to oust defendant from the office of superintendent of the poor of the county of Schenectady and to put relator in possession.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming in part and reversing in part a judgment entered upon the decision of the court upon trial at Special Term. (Reported below, 42 How. Pr., 157.) This action was brought to oust defendant from the office of superintendent of the poor of the county of Schenectady and to put relator in possession. At a city election held in April, 1871, said Clute was duly elected supervisor of the fifth ward, accepted the office, and discharged its duties until the 12th day of December, 1871, when he…
1Opinion of the CourtFolger, J.
The first question to be considered on this appeal is whether Clute was eligible to the office of superintendent of the poor.
It was enacted by chap. 352 of the Laws of 1829 (Laws of 1828 and 1829, p; 538) that no supervisor of any town should be appointed to hold the office of superintendent of the poor in any county.
In the compilation of statutes, commonly known as the “ Revised Statutes, fourth edition,” the text of this act of 1829 is incorporated as “ * § 22 of title 1, chap. XX, part 1, of the Revised Statutes.”
In 1853 it was enacted (Laws of 1853, chap. 80, p. 115) as follows: “ § 1.…
2Cases cited5 opinions
- State ex rel. Off v. SmithWisconsin Supreme Court · 1861
- Saunders v. HaynesCalifornia Supreme Court · 1859
- Gulick v. NewIndiana Supreme Court · 1860
- Ex parte M'CollumNew York Supreme Court · 1823
- The People v. . SnedekerNew York Court of Appeals · 1856
3Cited by91 opinions
- People Ex Rel. Sherwood v. State Board of CanvassersNew York Court of Appeals · 1891
- State ex rel. Thompson v. McAllisterWest Virginia Supreme Court · 1893
- State ex rel. McCue v. BlaisdellNorth Dakota Supreme Court · 1909
- Johnson v. City of New YorkNew York Court of Appeals · 1937
- McKinney v. BarkerCourt of Appeals of Kentucky · 1918
86 more not listed; retrieve them via the Exa API.