People Ex Rel. Goring v. President & Board of Trustees
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 10, 1894, which modified and affirmed as modified an order of Special Term directing a peremptory writ of mandamus to issue commanding defendant, among other things, to recognize the relator as police justice of the village of Wappingers Falls. The facts, so far as material, are stated in the opinion. The election was not good before the Ballot Law was passed.
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Appeal from order of the General Term of the Supreme Court in the second judicial department, made December 10, 1894, which modified and affirmed as modified an order of Special Term directing a peremptory writ of mandamus to issue commanding defendant, among other things, to recognize the relator as police justice of the village of Wappingers Falls. The facts, so far as material, are stated in the opinion. The election was not good before the Ballot Law was passed. (People ex rel. v. Crissey, 91 N. Y. 616.) The relator was not elected under the General Ballot Law. (Laws of 1892, chap. 680;…
1Opinion of the CourtGbay, J.
In January, 1890, the board of trustees of the village of Wappingers Falls, acting under the authority conferred by section 17 of chapter 291 of the Laws of 1870, being the general act for the incorporation of villages, passed a resolution that a police justice should be elected at the next village election to occur on the third Tuesday of March, 1890, and every four years thereafter. A police justice was, accordingly, elected in March, 1890, for the full term of four years. After holding his office for only a short time he resigned and the vacancy remained unfilled for the balance of the…
2Cases cited1 opinion
- People Ex Rel. Bradley v. . ShawNew York Court of Appeals · 1892
3Cited by28 opinions
- Matter of Burr v. . VoorhisNew York Court of Appeals · 1920
- Matter of Hopper v. . BrittNew York Court of Appeals · 1911
- Johnson v. City of New YorkNew York Court of Appeals · 1937
- Burke v. KernNew York Court of Appeals · 1941
- Cole v. TuckerMassachusetts Supreme Judicial Court · 1895
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