People Ex Rel. Dailey v. . Livingston
New York Court of Appeals
People ex rel. Dailey v. Livingston, (18 Hun, 59), reversed. Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of relator, entered upon a verdict. (Reported below, 18 Hun, 59.) The nature of the action and the facts are set forth sufficiently in the opinion.
1Opinion of the Court
Church, Ch. J.
This is a quo warranta to try the title to the office of surrogate of Kings county. The relator and defendant were opposing candidates for that office at the general election held in 1876. The county canvassers declared that the defendant was elected by 288 majority and gave him the certificate of election. At the trial, after considerable proof had been given, it was admitted by the defendant that there was an error in the returns of one hundred in each of two districts and forty in another district in his favor by allowing which would reduce his majority to forty-eight. The…
2Cases cited7 opinions
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- Lamb v. Camden & Amboy Railroad & Transportation Co.New York Court of Appeals · 1871
- People ex rel. Williams v. CicottMichigan Supreme Court · 1868
- Hudson v. SolomonSupreme Court of Kansas · 1877
- Pradat v. RamseyMississippi Supreme Court · 1872
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3Cited by33 opinions
- Owens v. State ex rel. JennettTexas Supreme Court · 1885
- Matter of Hearst v. . WoelperNew York Court of Appeals · 1905
- Newhouse v. AlexanderSupreme Court of Oklahoma · 1909
- People v. . McClellanNew York Court of Appeals · 1908
- Davenport v. OlerichSupreme Court of Iowa · 1897
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