Legal Opinion

Matter of Gertum v. . Board of Supervisors

New York Court of Appeals

Decided April 10, 1888PublishedCited by 29 opinions

Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 13, 1887, which denied an application of the relator for a mandamus requiring the Board of Supervisors of the County of Kings to audit a bill presented by him for fees as justice of" the peace of the town of New Lots.

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Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 13, 1887, which denied an application of the relator for a mandamus requiring the Board of Supervisors of the County of Kings to audit a bill presented by him for fees as justice of" the peace of the town of New Lots. The facts are sufficiently stated in the opinion, Justices of the peace-must hold office either by election at town meeting or by appointment under the statute. (Const., art. 6, § 18; 1 R. S. [1th ed.] 823.) The word “and,” in the statute, shoiild be interpreted “ or.”…

1Opinion of the Court

Ruger, Ch. J.

By section 1, chapter 335 of the Laws of 1886, the town of New Lots, in Kings county, was annexed to, merged in, and made a part of the city of Brooklyn, and declared thereafter to constitute a part of that city, to be known as the Twenty-sixth ward of such city, and to be thereafter, except as in the act otherwise provided, “ subject to and governed by the same laws, ordinances, rules and regulations, and entitled to the same rights, privileges, franchises and immunities” as the said city of Brooklyn. By .section 7 it was further provided, “that the supervisor of the town of Mew…

2Cases cited3 opinions

  1. People v. MorrisNew York Supreme Court · 1835
  2. Ex parte M'CollumNew York Supreme Court · 1823
  3. People v. MorrellNew York Supreme Court · 1839

3Cited by29 opinions

  1. People Ex Rel. Metropolitan Street Railway Co. v. State Board of Tax CommissionersNew York Court of Appeals · 1903
  2. People Ex Rel. Burby v. . HowlandNew York Court of Appeals · 1898
  3. City of New York v. Village of LawrenceNew York Court of Appeals · 1929
  4. Burke v. KernNew York Court of Appeals · 1941
  5. Lefevre v. BelsterlingTexas Supreme Court · 1911

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