Legal Opinion

People ex rel. Guernsey v. Somers

Appellate Division of the Supreme Court of the State of New York

Decided November 18, 1912PublishedCited by 7 opinions

Appeal by the relator, James J. Guernsey, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Oneida on the 16th day of October, 1911, upon the decision of the court, rendered after a trial at the Oneida Special Term, dismissing an alternative writ of mandamus.

1Opinion of the Court

The following is the opinion of Purcell, J.:

Purcell, J.:

The history and facts out of which the proceeding arose, stated as briefly'as possible, are the following:

On the 30th day of December, 1909, a majority of the Republican members of the board of supervisors of Oneida county, pursuant to the provisions of section 20 of the Comity Law (Consol. Laws, chap. 11; Laws of 1909, chap. 16) designated the Rome Tri-Weekly Republican, a newspaper owned and published by the relator, as a paper to publish the Session Laws and Concurrent Resolutions of the Legislature for the year 1910, and on the same…

2Cases cited4 opinions

  1. People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
  2. People Ex Rel. Stearns v. . MarrNew York Court of Appeals · 1905
  3. People Ex Rel. Republican & Journal Co. v. WigginsNew York Court of Appeals · 1910
  4. People ex rel. Utica Sunday Tribune Co. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1910

3Cited by7 opinions

  1. Franks v. Sterling Cleaners & Dyers, Inc.Court of Appeals for the Seventh Circuit · 1936
  2. Relihan v. BrinkAppellate Division of the Supreme Court of the State of New York · 1955
  3. Barrett v. CuskellyNew York Supreme Court · 1966
  4. Botens v. AronauerNew York Supreme Court · 1971
  5. Levine v. Town of Oyster BayNew York Supreme Court · 1964

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