Legal Opinion
People ex rel. Smith v. Kenyon
Appellate Division of the Supreme Court of the State of New York
Decided May 11, 1934PublishedCited by 9 opinions
1Opinion of the CourtBliss, J.
This is a submission of a controversy pursuant to section 546 of the Civil Practice Act. It is a question in difference which might be the subject of an action. The facts are stipulated and we are asked to determine whether plaintiff or defendant is entitled to the office of county superintendent of highways of Schuyler county and when the term of office of the person so entitled expires.
The first appointment to the office of county superintendent of highways in Schuyler county after January 1, 1909, was made on January 5, 1909, when one James P. Frost was named. The board of supervisors was…
2Cases cited5 opinions
- In Re Proving the Alleged Last Will & Testament of HathawayNew York Court of Appeals · 1877
- Matter of MacDonald v. . OrdwayNew York Court of Appeals · 1916
- People v. . FitzgeraldNew York Court of Appeals · 1905
- Whitney v. PatrickNew York Supreme Court · 1909
- Cregier v. HillNew York Supreme Court · 1924
3Cited by9 opinions
- People v. DethloffNew York Court of Appeals · 1940
- Milk v. GottschalkAppellate Division of the Supreme Court of the State of New York · 1968
- Fauci v. LeeNew York Supreme Court · 1963
- Georgia v. SurudaNew Jersey Superior Court Appellate Division · 1977
- People ex rel. Ewell v. RobsonAppellate Division of the Supreme Court of the State of New York · 1937
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