Matter of Metz v. . Maddox
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 16, 1907, which denied a writ of prohibition in the first above-entitled proceeding. Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 27, 1907, which denied a writ of prohibition in the second above-entitled proceeding. The facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered July 16, 1907, which denied a writ of prohibition in the first above-entitled proceeding. Appeal from an order of the Appellate Division of the Supreme Court in the first judicial department, entered July 27, 1907, which denied a writ of prohibition in the second above-entitled proceeding. The facts, so far as material, are stated in the opinion. The act now under consideration is unconstitutional in that it violates section 6 of article 2 of the Constitution in that it provides for…
1Opinion of the Court
Cullen, Ch. J.
At the general election held in November, 1905, the office of mayor of the city of New York was to be filled. The two leading candidates for that office were George B. McClellan and William R. Hearst. After the canvass of the votes a certificate of election was duly issued by the board of elections of the city of New York to George B. McClellan, and on the first of January following he entered into possession of the office under said certificate and has held it ever since. The contest for the office was comparatively close, there having been nearly 600,000 votes cast, and the…
2Cases cited3 opinions
- People v. . Albany Susquehanna R.R. Co.New York Court of Appeals · 1874
- People Ex Rel. Devery v. . ColerNew York Court of Appeals · 1903
- Malone v. . Saints Peter and Paul's ChurchNew York Court of Appeals · 1902
3Cited by19 opinions
- Schieffelin v. Valentine KomfortNew York Court of Appeals · 1914
- Matter of Quinby v. . Public Service Comm.New York Court of Appeals · 1918
- MOTOR VEHICLE MFRS. v. StateNew York Court of Appeals · 1990
- People v. . McClellanNew York Court of Appeals · 1908
- Mitchel v. Honorable CropseyAppellate Division of the Supreme Court of the State of New York · 1917
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