People ex rel. Ward v. Scheu
Appellate Division of the Supreme Court of the State of New York
Appeal "by the defendant, Augustus F. Scheu, from a judgment of the Supreme Court in favor of the relator, entered in the office of the clerk of the county of Erie on the 11th day of March, 1901, upon the verdict of a jury rendered by direction of the court ousting the defendant from the office of commissioner of public works of the city of Buffalo, and declaring the relator, Francis Gr. Ward, to be the duly elected commissioner.
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Appeal "by the defendant, Augustus F. Scheu, from a judgment of the Supreme Court in favor of the relator, entered in the office of the clerk of the county of Erie on the 11th day of March, 1901, upon the verdict of a jury rendered by direction of the court ousting the defendant from the office of commissioner of public works of the city of Buffalo, and declaring the relator, Francis Gr. Ward, to be the duly elected commissioner. This is an action in the nature of quo warranto to determine the title to the office of the elected commissioner of public works of the city of Buffalo, N. Y. The…
1Opinion of the Court
Adams, P. J.:
It is provided'by section 5 of article 10 of the Constitution of this State that “ The Legislature shall provide for filling vacancies in office, and in case of elective officers, no person appointed to fill a vacancy shall hold his office by virtue of such appointment longer than the commencement of the political year next succeeding the first annual election after the happening of the vacancy,” and it is contended by the learned counsel for the relator that inasmuch as the attempted extension of the official term of the defendant beyond the 1st day of January, 1901, was…
2Cases cited6 opinions
- People Ex Rel. Burby v. . HowlandNew York Court of Appeals · 1898
- People ex rel. Howard v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1899
- In re Application of MayorAppellate Division of the Supreme Court of the State of New York · 1898
- People Ex Rel. Mitchell v. . SturgesNew York Court of Appeals · 1898
- People ex rel. Mitchell v. SturgesAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by4 opinions
- Morrall v. County of MonroeNew York Court of Appeals · 1936
- People ex rel. Stupp v. KentAppellate Division of the Supreme Court of the State of New York · 1903
- Blyn v. BartlettNew York Court of Appeals · 1976
- Swanson v. StateNebraska Supreme Court · 1937