People ex relatione Smith v. Fisher
New York Supreme Court
Ineormatioh in the nature of a quo warranto. On the 11th January, 1840, the attorney general on the relation of Ohauncey Smith, filed the information in this case charging Thomas H. Fisher with having on the 21st December, 1839, usurped the office of clerk of the county of Westchester, and averring that the relator is rightfully entitled to the office.
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Ineormatioh in the nature of a quo warranto. On the 11th January, 1840, the attorney general on the relation of Ohauncey Smith, filed the information in this case charging Thomas H. Fisher with having on the 21st December, 1839, usurped the office of clerk of the county of Westchester, and averring that the relator is rightfully entitled to the office. The defendant pleaded that at the general election held in Westchester in Hovember, 1837, John S. Smith was duly elected clerk of the county ; that on the 29th November, 1838, he appointed him, the defendant, deputy clerk of the county and he…
1Opinion of the Court
By the Court,
Bronson, J.
Although I have found this a more difficult question than I supposed it to be on the argument, further consideration has not changed the opinion which was then intimated, that the relator is entitled to the office.
Sheriffs and clerks of counties are to be chosen by the electors, “ once in every three years, and as often as vacancies shall happen.” Const. Art. 4, § 8. The legislature at first provided for special elections to supply vacancies in those offices. Statutes of 1823, p. 418. But as it was found inconvenient to have elections for county officers oftener than…
2Cited by9 opinions
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- Territory of Dakota v. CoxSupreme Court Of The Territory Of Dakota · 1886
- State ex rel. Loring v. BenedictSupreme Court of Minnesota · 1870
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