People ex rel. Thorn v. Pangburn
Appellate Division of the Supreme Court of the State of New York
Appeal, by the defendant, Jeremiah Pangburn, Jr., from a judgment of the Superior Court of the city of New York in favor of the plaintiff, entered in the, office of the clerk of said court on the 9th day of November, 1895, upon the decision of the court rendered after a trial before the court without a jury. ■The action was in the nature of an action of quo warranto, ousting the defendant from the office of. secretary of the Retail Coal Exchange of the city of New York, and…
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Appeal, by the defendant, Jeremiah Pangburn, Jr., from a judgment of the Superior Court of the city of New York in favor of the plaintiff, entered in the, office of the clerk of said court on the 9th day of November, 1895, upon the decision of the court rendered after a trial before the court without a jury. ■The action was in the nature of an action of quo warranto, ousting the defendant from the office of. secretary of the Retail Coal Exchange of the city of New York, and adjudging that the relator is rightfully entitled to the office. The Retail Coal Exchange, of this city, is a…
1Opinion of the Court
O’Brien, J.:
It is not disputed but that if these two ballots were defective, the ruling of the chairman that there had been no election for secretary was right, because in that event neither of the candidates had received a majority vote of the members present and voting, as required by the by-laws. The crucial question, therefore, is, were these ballots defective ?
The respondent contends that they were not, and in support of such contention cites the case of People v. Saxton (22 N. Y. 310), which was followed in People ex rel. Gregory v. Love (63 Barb. 535). In the-Saxton case there were…
2Cases cited1 opinion
- People ex rel. Gregory v. LoveNew York Supreme Court · 1872
3Cited by1 opinion
- State ex rel. Blodgett v. EaganWisconsin Supreme Court · 1902