People v. . Purdy
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 9, 1897, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term and directed judgment for plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion. The respondent is entitled to a favorable construction of the statute in this case.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered October 9, 1897, which reversed a judgment in favor of defendant, entered upon a decision of the court on trial at Special Term and directed judgment for plaintiff. The nature of the action and the facts, so far as material, are stated in the opinion. The respondent is entitled to a favorable construction of the statute in this case. (People v. Flanagan, 66 N. Y. 237.) The Latin derivation of the word “ eligible,” or the dictionary definition, will not control the broader…
1Opinion of the CourtO’Brien, J.
In an action in the nature of a quo warranta, brought by the attorney-general against the defendant to oust him from the office of supervisor of the town of 27orth Salem, the court below, reversing the judgment of the trial court, held that the defendant was not entitled to the office. It is undisputed that, at the town meeting held in March, 1896, the defendant received the largest number of votes cast by the electors, and if they could lawfully choose him to discharge the duties of the office, he was clearly elected.
On the day upon Avhich the town meeting Avas held and the A'otes cast, the…
2Cited by40 opinions
- People Ex Rel. Devery v. . ColerNew York Court of Appeals · 1903
- Burns v. WiltseNew York Court of Appeals · 1951
- Slater v. VarneyWest Virginia Supreme Court · 1951
- Dykeman v. SymondsAppellate Division of the Supreme Court of the State of New York · 1976
- Rasin v. LeavertonCourt of Appeals of Maryland · 1942
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