Silvey v. Lindsay
New York Supreme Court
Case submitted under an agreed state of facts, under section 1279 of the Code. In 1886, tbe plaintiff was an inmate of tbe “New York State Soldiers and Sailors’ Home,” located in the town of Bath, in the county of Steuben, organized and maintained under the provisions of chapter 48 of the Laws of 1878. The defendants were justices of the peace of said town and presided at the annual town meeting held for that year.
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Case submitted under an agreed state of facts, under section 1279 of the Code. In 1886, tbe plaintiff was an inmate of tbe “New York State Soldiers and Sailors’ Home,” located in the town of Bath, in the county of Steuben, organized and maintained under the provisions of chapter 48 of the Laws of 1878. The defendants were justices of the peace of said town and presided at the annual town meeting held for that year. The plaintiff, claiming to be a resident of the town, offered liis vote to the town officers, which was rejected by the defendants, upon the sole ground that he was not a resident…
1Opinion of the Court
Barker, J.:
The legal question submitted for our determination is stated in the case as follows: Did James Silvey gain a residence in the town of Bath, so as to entitle him to vote at a town meeting, by reason of his presence as an inmate of said institution ?
The admitted facts upon which the plaintiff based his right to vote as a qualified elector of the town of Bath, are that he was a soldier in the service of the United States during the late rebellion and was entitled to admission as an inmate into the institution known as the “New York State Soldiers and Sailors’ Home,” located in the…
2Cases cited4 opinions
- Dupuy v. . WurtzNew York Court of Appeals · 1873
- In re WrigleyCourt for the Trial of Impeachments and Correction of Errors · 1831
- Hegeman v. FoxNew York Supreme Court · 1860
- Commonwealth v. CushingMassachusetts Supreme Judicial Court · 1868
3Cited by1 opinion
- B. L. Assn. v. Hamilton (Et Al.)Supreme Court of Pennsylvania · 1935