Legal Opinion

Vroman v. Fish

Appellate Division of the Supreme Court of the State of New York

Decided January 9, 1918PublishedCited by 3 opinions

Appeal by the defendants, Thomas T. Feeley and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Niagara on the 1st day of October, 1917, upon the decision, of the court after a trial before the court without a jury.

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Appeal by the defendants, Thomas T. Feeley and another, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Niagara on the 1st day of October, 1917, upon the decision, of the court after a trial before the court without a jury. The judgment decreed that chapter 202 of the Laws of 1917, entitled “ An act to amend the Election Law, in relation to commissioner of elections in the county of Niagara,” was unconstitutional and void and enjoined and restrained the defendants from appointing a commissioner of elections, or doing any act…

1Opinion of the Court

Foote, J.:

At the time this action was begun plaintiffs were the duly-appointed and acting members of the board of elections for Niagara county.

They bring this action to enjoin the defendants from proceeding to appoint a commissioner of elections for said county, as chapter 202 of the Laws of 1917 directs them to do, on the ground that that statute violates the State Constitution and is wholly void. The case was submitted at Special Term upon the pleadings and the stipulation of defendants’ .counsel that said act was not submitted to the three cities in Niagara county as a special city law,…

2Cases cited9 opinions

  1. Devlin v. Mayor of New YorkNew York Court of Appeals · 1875
  2. People, Ex Rel. Gere v. . WhitlockNew York Court of Appeals · 1883
  3. Stewart v. City of KansasSupreme Court of the United States · 1915
  4. Economic Power & Construction Co. v. City of BuffaloNew York Court of Appeals · 1909
  5. People Ex Rel. Corscadden v. . HoweNew York Court of Appeals · 1904

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Bareham v. City of RochesterNew York Supreme Court · 1927
  2. Lynn v. NicholsNew York Supreme Court · 1924
  3. America Rescue Workers, Inc. v. WesleyAppellate Division of the Supreme Court of the State of New York · 1973

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