People ex rel. Judson v. Thacher
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of defendant, entered upon a verdict, and granting a new trial. (Reported below, 7 Lans., 274; 1 K. Y. S. R. [T. & 0.], 158.) This was an action in the nature of a quo warranto, to try the title of defendant to the office of mayor of the city of Albany.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing a judgment in favor of defendant, entered upon a verdict, and granting a new trial. (Reported below, 7 Lans., 274; 1 K. Y. S. R. [T. & 0.], 158.) This was an action in the nature of a quo warranto, to try the title of defendant to the office of mayor of the city of Albany. At the election in that city, on the second Tuesday of April, 1872, there were three candidates for that office, defendant, relator, and one'Thomas McCarty. By the official canvass and by the inspectors’ returns, it…
1Opinion of the CourtAndrews, J.
The learned judge at the circuit, at the commencement of his charge to the jury, stated to them that the plaintiffs were required to make out their case, and to prove that the defendant, Thacher, was not elected, and practically to show that the relator, Judson, was elected to the office of mayor, by having received the greatest number of votes at the election. It was an undisputed fact in the case that seven hundred and twenty-nine votes were cast for mayor in the southern district of the fourth ward, and evidence was given on the part of the plaintiffs tending to show that, of these, two…
2Cases cited3 opinions
- People ex rel. Attorney General v. Utica InsuranceNew York Supreme Court · 1818
- People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
- People ex rel. Taylor v. ThompsonNew York Supreme Court · 1839
3Cited by10 opinions
- State ex rel. Adams v. BurdgeWisconsin Supreme Court · 1897
- Milburn v. PhillipsIndiana Supreme Court · 1893
- Wilkins v. TourtellottSupreme Court of Kansas · 1882
- Haley v. AmestoyCalifornia Supreme Court · 1872
- Dill-Cramer-Truitt Corp. v. Jacksonville Lumber Co.Supreme Court of North Carolina · 1922
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