People ex rel. Brooks v. Watts
New York Supreme Court
Appeal from circuit court, Chenango county. Proceeding by Le Eoy J. Brooks against Charles H. Watts to oust •defendant from the office of excise commissioner of the town of Norwich. The court gave judgment that defendant “is guilty of usurping and intruding into and unlawfully holding the office of excise commissioner of the town of Norwich, Chenango county, New York, and that he be ousted and excluded therefrom.”
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Appeal from circuit court, Chenango county. Proceeding by Le Eoy J. Brooks against Charles H. Watts to oust •defendant from the office of excise commissioner of the town of Norwich. The court gave judgment that defendant “is guilty of usurping and intruding into and unlawfully holding the office of excise commissioner of the town of Norwich, Chenango county, New York, and that he be ousted and excluded therefrom.” From such judgment, which was entered on a verdict in favor of relator, and from an order denying a motion for a new trial made on the minutes, defendant appeals.
1Opinion of the CourtMerwin, J.
At the annual town meeting of the town of Norwich on the 1.7th day of February, 1891, the relator, Le Roy J. Brooks, was duly elected to the office of commissioner of excise. This was shown by the record of the proceedings of the town-meeting, -signed by the officers who presided at the meeting and by the town clerk, and filed in the office of the town clerk. 2 Rev. St. (8th Ed.) p. 885, § 19; In re Baker, 11 How. Pr. 431; People v. Zeyst, 23 N. Y. 141. On the 23d February, 1891, the relator took and filed with the town clerk the constitutional oath o’f office. He also, at same date,…
2Cases cited5 opinions
- People, Ex Rel. Woods v. . CrisseyNew York Court of Appeals · 1883
- Cronin v. . StoddardNew York Court of Appeals · 1884
- In re BakerNew York Supreme Court · 1855
- In re TaylorNew York Supreme Court · 1890
- People ex rel. Wilson v. Board of TrusteesNew York Supreme Court · 1891
3Cited by5 opinions
- In re FitzgeraldAppellate Division of the Supreme Court of the State of New York · 1903
- State Ex Rel. Lease v. TurnerOhio Supreme Court · 1924
- Pryor v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1901
- In re Fitzgerald, New York County Courts1903
- In re DruryNew York Supreme Court · 1902