Baird v. Board of Supervisors of Kings
New York Court of Appeals
Appeal ' from order of the General Term of the Supreme Court in the second judicial department, made September 15, 1892, which affirmed an order of Special Term denying an application for a writ of mandamus.
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Appeal ' from order of the General Term of the Supreme Court in the second judicial department, made September 15, 1892, which affirmed an order of Special Term denying an application for a writ of mandamus. The relators upon affidavits moved before the Special Term of the Supreme Court held in Brooklyn in August, 1892, for a writ of mandamus against the defendants, commanding them to forthwith convene and divide the county of Kings into assembly districts in the manner and form as required and contemplated by the Constitution and statutes of the state. The affidavits upon which the motion…
1Opinion of the CourtPeckham, J.
The first question which arises on this appeal is as to the proper construction of section 5 of article 3 of the Constitution, where it provides for dividing counties by the boards of supervisors into assembly districts in those cases where the county is entitled to more than one member of assembly. The learned judge who heard and decided the case at Special Term said he did not see how the motion for a mandamus could be granted without writing into the Constitution a provision which the people struck out of that instrument in 1874. The General Term followed in an affirmance upon…
2Cases cited2 opinions
- People Ex Rel. Carter v. . RiceNew York Court of Appeals · 1892
- The People v. . HalseyNew York Court of Appeals · 1867
3Cited by50 opinions
- Matter of Andresen v. RiceNew York Court of Appeals · 1938
- People Ex Rel. Schau v. . McWilliamsNew York Court of Appeals · 1906
- Matter of Sherrill v. . O'BrienNew York Court of Appeals · 1907
- Jones v. FreemanSupreme Court of Oklahoma · 1943
- Attorney General v. Suffolk County Apportionment CommissionersMassachusetts Supreme Judicial Court · 1916
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