People ex rel. Ballou v. Wendell
New York Supreme Court
Appeal from circuit court, Montgomery county. Application by Cyrus H. Ballou for a writ of mandamus to John D. Wendell, county judge of Montgomery county. Relator appeals from an order refusing to submit to the jury any of the issues of fact joined by the alternative writ, and from an order dismissing the proceeding with costs.
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Appeal from circuit court, Montgomery county. Application by Cyrus H. Ballou for a writ of mandamus to John D. Wendell, county judge of Montgomery county. Relator appeals from an order refusing to submit to the jury any of the issues of fact joined by the alternative writ, and from an order dismissing the proceeding with costs. The relator, an honorably discharged soldier of the Union army, and otherwise eligible to appointment, in January, 1889, applied to the defendant, as county judge of Montgomery county, to be appointed crier of the courts of record for said county. The judge appointed…
1Opinion of the CourtLandon, J.
Since the trial court refused to submit the case to the jury, and dismissed the proceeding, we may assume upon this appeal that every controverted question of fact might have been fqund in the relator’s favor by the jury, if the case had been submitted to them. The case, then, is, that there was a vacancy in the office of crier of the courts of record for Montgomery county; that the relator was an elector of the county, and an honorably discharged soldier of the Union army; and was the only soldier who was an applicant for the office, and that he possessed qualifications sufficient to-perform…
2Cases cited4 opinions
- Sullivan v. GilroyNew York Supreme Court · 1890
- In re WortmanNew York Supreme Court · 1888
- People ex rel. Hall v. Village of Little FallsNew York Supreme Court · 1889
- People ex rel. Snyder v. SummersNew York Supreme Court · 1890
3Cited by8 opinions
- In re Surcharge of County Commissioners, Pennsylvania Court of Common Pleas, Lackawanna County1928
- People ex rel. Mesick v. ScannellAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Conlin v. Village of Dobbs FerryAppellate Division of the Supreme Court of the State of New York · 1901
- People ex rel. Cooke v. StewartAppellate Division of the Supreme Court of the State of New York · 1902
- In re TorneyNew York Court of Common Pleas · 1894
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