The People v. . Keeler
New York Court of Appeals
Appeal from the Supreme Court. The attorney-general, in May, 1856, commenced an action in the name of the people, in the nature of an information, and by the complaint charged the defendant with having usurped and intruded into the office of justice of the peace of the town of Kortright, in the county of Delaware. The defendant put in an answer to which the plaintiffs demurred, and the Supreme Court overruled the derñurrer and gave judgment for the defendant, with costs.
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Appeal from the Supreme Court. The attorney-general, in May, 1856, commenced an action in the name of the people, in the nature of an information, and by the complaint charged the defendant with having usurped and intruded into the office of justice of the peace of the town of Kortright, in the county of Delaware. The defendant put in an answer to which the plaintiffs demurred, and the Supreme Court overruled the derñurrer and gave judgment for the defendant, with costs. This judgment having been affirmed at a general term in the third district, the attorney-general appealed. The facts…
1Opinion of the Court
Langley having died in office in June, 1855, the ensuing town meeting in February, 1856, presented the legal occasion for electing a person to fill the vacancy thus arising. A choice was accordingly made, and Forman being the successful competitor, was elected a justice of the peace of the town of Kortright, to fill the vacancy. No question is made as to the legality of that election, and there can be none. But in the interval between the death of Langley and the occurrence of the town meeting, namely, in July, 1855, the governor had appointed the defendant to fill the vacancy. The terms of…
2Cited by15 opinions
- People, Ex Rel. Smith v. . SchielleinNew York Court of Appeals · 1884
- State ex rel. Whitney v. JohnsOregon Supreme Court · 1869
- People, Ex Rel. Weller v. . TownsendNew York Court of Appeals · 1886
- People ex rel. Shirey v. PearsonNew York Supreme Court · 1923
- In re MitchellAppellate Division of the Supreme Court of the State of New York · 1917
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