The People Ex Rel. Kelly v. . Common Council
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term which directed the issuing of a peremptory writ of mandamus, requiring defendant to order a special election to be held on or before April 18, 1879, by the electors of the twelfth ward, in the city of Brooklyn, to fill a vacancy in the office of alderman of said ward, caused by the acceptance by the incumbent of that office of the office of…
Read the full summary
Appeal from order of the General Term of the Supreme Court, in the second judicial department, affirming an order of Special Term which directed the issuing of a peremptory writ of mandamus, requiring defendant to order a special election to be held on or before April 18, 1879, by the electors of the twelfth ward, in the city of Brooklyn, to fill a vacancy in the office of alderman of said ward, caused by the acceptance by the incumbent of that office of the office of representative in Congress. The facts appear sufficiently in the opinion. O’Reilly was an alderman de facto' and de jure of…
1Opinion of the CourtDanfouth, J.
On the 26th day of March, 1869, the relator upon affidavit applied to the Special Term of the Supreme Court for an order that the common council of the city of Brooklyn show cause why they should not be required to call an election to fill a vacancy existing as was alleged in the office of alderman from the twelfth ward. He stated that he was a resident and elector in that ward, and set out so much of the charter of the city as provides that “ no aider-man shall during the term for which he is elected hold any other public office except that of notary public or commissioner of deeds,” and…
2Cases cited4 opinions
- People ex rel. Case v. CollinsNew York Supreme Court · 1837
- The People Ex Rel. v. . NostrandNew York Court of Appeals · 1871
- The People v. . HalseyNew York Court of Appeals · 1867
- People ex rel. Fuller v. Board of Supervisors of Seneca CountyNew York Supreme Court · 1860
3Cited by74 opinions
- Lamar v. United StatesSupreme Court of the United States · 1916
- State ex rel. Walker v. BusSupreme Court of Missouri · 1896
- Clement v. GrahamSupreme Court of Vermont · 1906
- Lámar v. United StatesSupreme Court of the United States · 1916
- Attorney General v. DrohanMassachusetts Supreme Judicial Court · 1897
69 more not listed; retrieve them via the Exa API.