Garside v. City of Cohoes
New York Supreme Court
Appeal from special term, Albany county. Action by John Garside against the city of Cohoes, the common council of the city of Cohoes, John H. Haynes, and others.
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Appeal from special term, Albany county. Action by John Garside against the city of Cohoes, the common council of the city of Cohoes, John H. Haynes, and others. Plaintiff appeals from an order denying his motion to continue a preliminary injunction rest-raining-the defendants “from declaring, determining, or adjudging that John Gar-side, the plaintiff, was not elected mayor of the city of Cohoes on April 8,. 1890; and from certifying either to the city clerk of Cohoes or the county clerk of the county of Albany that plaintiff was not so elected; and from declaring, determining, or adjudging…
1Opinion of the CourtLandon, J.
The charter of the city of Cohoes provides that “the mayor and aldermen of the city shall constitute the common council thereof.” It also provides that the common council “shall be judge of the election and qualification of its own members.” If the common council is the judge of the election of the mayor, then the execution of the resolution of that body, ■directing such a preliminary investigation as would enable it to render the proper judgment, ought not to be enjoined by the court. In such case the mayor’s attempted veto would be invalid, since that power is given him to be used for…
Also in this document: Concurrence.
2Cases cited2 opinions
- Foot v. . StilesNew York Court of Appeals · 1874
- People v. ThomasNew York Supreme Court · 1861
3Cited by2 opinions
- Cate v. MartinSupreme Court of New Hampshire · 1899
- Nelson v. GassNorth Dakota Supreme Court · 1914