People ex rel. Keyes v. Burnside
New York Supreme Court
This proceeeding was initiated upon the written application of twelve or more freeholders of the town of Oneonta to the county judge of the county of Otsego, praying the removal from office of the relators as railroad commissioners in and for said town, or that said office be deemed and declared vacant, and that the defendants in error be appointed to the said office.
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This proceeeding was initiated upon the written application of twelve or more freeholders of the town of Oneonta to the county judge of the county of Otsego, praying the removal from office of the relators as railroad commissioners in and for said town, or that said office be deemed and declared vacant, and that the defendants in error be appointed to the said office. The application was presented to the county judge ex parte on the 26th day of August, 1869, accompanied -by affidavits to sustain the grounds upon which the application was based, to wit: “ 1st. That said commissioners had…
1Opinion of the Court
By the Court —
Miller, P. J.
This case involves the question whether the county judge of the county of Otsego had the power to declare the offices of railroad commissioners of the town of Oneonta, in said county, held by the relators, vacant, and to appoint the defendants in error in their places, in accordance with the provisions of chapter 384 of the Laws of 1859, section 5, which reads as follows: “In case any commissioner under the said act, passed March 31, 1856, as amended April 14, 1857, shall refuse or willfully neglect to peo form any part of the duties specified thereioi, or required…
2Cited by1 opinion
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