People ex rel. Kniffin v. Tabor
New York Supreme Court
The action was to try the title of the defendant to the office of commissioner of highways of the town of Marlborough, in the county of Ulster. The evidence establishes the following facts: Prior to the first March, 1851, the electors of the town of Marlborough, determined by resolution at their annual town meeting, that there should be three commissioners of highways in said town. In 1851, at the annual town meeting, one Maleo m was duly elected a commissioner.
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The action was to try the title of the defendant to the office of commissioner of highways of the town of Marlborough, in the county of Ulster. The evidence establishes the following facts: Prior to the first March, 1851, the electors of the town of Marlborough, determined by resolution at their annual town meeting, that there should be three commissioners of highways in said town. In 1851, at the annual town meeting, one Maleo m was duly elected a commissioner. At the town meeting in 1858 Jesse Lyon was duly elected a commissioner; and at the town meeting in 1859 the plaintiff, Samuel II.…
1Opinion of the Court
Wright, Justice.
The electors of a town are empowered by law, at their annual town meeting to determine by resolution whether there shall be chosen one or three commissioners of highways. (Laws of 1841, ch. 455, § 1.) Prior *45to 1857, it had been legally determined to have three commissioners in the town of Marlborough. These .had been classed, so that an election for one commissioner annually occurred. There were three commissioners on the 6 th March, 1860, the term of office of one of them expiring on that day. It is further provided by law, that “ whenever any town shall have determined upon…
2Cited by1 opinion
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