Legal Opinion

People ex rel. Crimmins v. McManus

New York Supreme Court

Decided September 16, 1861PublishedCited by 10 opinions

AT the charter election in the city of New York on the 4th day of December, 1860, the relators and the defendants were severally candidates for the office of trustee of common schools in the 19th ward, and were voted for by the electors in that ward. Two trustees were to be elected for the full term; the only other candidates for the same office were Henry J. Armstrong and Herman Goebel.

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AT the charter election in the city of New York on the 4th day of December, 1860, the relators and the defendants were severally candidates for the office of trustee of common schools in the 19th ward, and were voted for by the electors in that ward. Two trustees were to be elected for the full term; the only other candidates for the same office were Henry J. Armstrong and Herman Goebel. In the third election district, the relators Thomas Crimmins received 41 votes and Frederick Schaefer 43 votes, by a printed ballot, which designated them for trustees of public schools. In the fourth…

1Opinion of the Court

By the Court, Leonard, J.

1. The defendant Gallagher being a candidate for the office of trustee of common schools, in the 19th ward of the city of New Tort, at the December city election, 1860, his office as an inspector of elections for the second district in that ward became vacant. Such is the direction of the act of 1857. (Sess. Laws, ch. 294, vol. 1.) There is nothing in the act of 1860 (Sess. Laws, ch. 246,) inconsistent with that provision in the act of 1857, and it is still in force. Two inspectors of election may act, however. (1. R. S. 422, § 13, 5th ed.)

It was irregular for…

2Cases cited1 opinion

  1. People v. CookNew York Supreme Court · 1852

3Cited by10 opinions

  1. Gilleland v. SchuylerSupreme Court of Kansas · 1872
  2. State ex rel. Smith v. AndersonSupreme Court of Florida · 1890
  3. Pradat v. RamseyMississippi Supreme Court · 1872
  4. Hawes v. MillerSupreme Court of Iowa · 1881
  5. State ex rel. Valentine v. GriffeyNebraska Supreme Court · 1876

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