Legal Opinion

People Ex Rel. Henderson v. Board of Supervisors

New York Court of Appeals

Decided September 27, 1895PublishedCited by 44 opinions

Appeal from order of the General Term of the Supreme Court in the second judicial department, made July 26, 1895, which affirmed an order of Special Term directing the issuance of a peremptory writ of mandamus, requiring the board of supervisors of Westchester county to re-assemble and divide the said county into three assembly districts, in accordance with the provisions of the Constitution of the State of ¡New York.

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Appeal from order of the General Term of the Supreme Court in the second judicial department, made July 26, 1895, which affirmed an order of Special Term directing the issuance of a peremptory writ of mandamus, requiring the board of supervisors of Westchester county to re-assemble and divide the said county into three assembly districts, in accordance with the provisions of the Constitution of the State of ¡New York. The appeal was heard September 17, 1895, at a special session of the court, convened in accordance with the provision of the Constitution (Art. 3, § 5), that “ any court before…

1Opinion of the Court

Andrews, Oh. J.

This controversy involves the constitutionality of chap. 934 of the Laws of 1895, approved June 6, 1895, and which took effect the same day, annexing a portion of the county of Westchester to the county of Eew York. The annexed territory at the time of the annexation consisted of a town and parts of towns, and of two villages in the county of Westchester, having a population of upwards of 13,000 persons, excluding aliens, of whom about 2,500 were duly qualified voters. The act declared that the territory therein described, “ with the inhabitants and estates therein, is hereby…

2Cases cited1 opinion

  1. Kinne v. City of SyracuseNew York Court of Appeals · 1866

3Cited by44 opinions

  1. Matter of Sherrill v. . O'BrienNew York Court of Appeals · 1907
  2. Legislature v. DeukmejianCalifornia Supreme Court · 1983
  3. Matter of FayNew York Court of Appeals · 1943
  4. Harris v. ShanahanSupreme Court of Kansas · 1963
  5. Worthington v. London Guarantee & Accident Co.New York Court of Appeals · 1900

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