Legal Opinion

Morris v. Cashmore

Appellate Division of the Supreme Court of the State of New York

Decided April 14, 1938PublishedCited by 26 opinions

1Opinion of the CourtCallahan, J.

At the general election held in November, 1937, twenty-six councilmen were chosen to constitute the council of the city of New York. The council met for the first time on January 3, 1938. At that meeting twenty-five councilmen and the president attended, the twenty-sixth member being absent.

Section 29 of the New York City Charter (hereinafter referred to as “ the Charter ”) provides:

“ § 29. A majority of the councilmen shall constitute a quorum. The president of the council shall preside over the meetings of the council and shall have the right to participate in the discussions of the council…

2Cases cited3 opinions

  1. United States v. BallinSupreme Court of the United States · 1892
  2. People Ex Rel. Ennis v. . SchroederNew York Court of Appeals · 1879
  3. Bergen v. . PowellNew York Court of Appeals · 1884

3Cited by26 opinions

  1. Town of Smithtown v. HowellNew York Court of Appeals · 1972
  2. MATTER OF WOLKOFF v. ChassinNew York Court of Appeals · 1996
  3. Boozer v. JohnsonCourt of Chancery of Delaware · 1953
  4. Boozer v. JohnsonCourt of Chancery of Delaware · 1953
  5. Savatgy v. City of KingstonNew York Court of Appeals · 1967

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