People ex rel. Dare v. Howell
Appellate Division of the Supreme Court of the State of New York
Appeal by Everett M. Price and four other members of the town board of the town of Brookhaven, Suffolk county, from an order of the Supreme Court, made at the Nassau Special Term and entered in the office of the clerk of the county of Suffolk on the 29th day of April, 1916, directing that a peremptory writ of mandamus issue, commanding said town board to convene and meet with Clarence E. Dare, as town superintendent of highways, and to enter into an agreement with him…
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Appeal by Everett M. Price and four other members of the town board of the town of Brookhaven, Suffolk county, from an order of the Supreme Court, made at the Nassau Special Term and entered in the office of the clerk of the county of Suffolk on the 29th day of April, 1916, directing that a peremptory writ of mandamus issue, commanding said town board to convene and meet with Clarence E. Dare, as town superintendent of highways, and to enter into an agreement with him pursuant to the terms of section 105 of the Highway Law (Consol. Laws, chap. 25 [Laws of 1909, chap. 30], as amd. by Laws of…
1Opinion of the Court
Putnam, J.:
The term “thereafter” in Highway Law, section 40, in the proposition that the office of superintendent be appointive, does not necessarily refer to unlimited time. It indicates the direction in time to which the context refers. (Dobbins v. Cragin, 50 N. J. Eq. 640, 648.) Taken in connection with the final clause of section 43 of the Town Law (Consol. Laws, chap. 62 [Laws of 1909, chap. 63], § 43, as amd. by Laws of 1909, chap. 422), it may fairly mean that such action should “ remain in force until the same shall be altered or repealed- at some subsequent town meeting.”…
2Cited by4 opinions
- Lane v. JohnsonNew York Court of Appeals · 1940
- Hiscox v. HolmesAppellate Division of the Supreme Court of the State of New York · 1932
- People ex rel. Dare v. GardnerAppellate Division of the Supreme Court of the State of New York · 1916
- People ex rel. Dare v. GardnerAppellate Division of the Supreme Court of the State of New York · 1916