People Ex Rel. Le Roy v. . Foley
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon ah order made May 27, 1895, which affirmed a judgment in favor of defendant, dismissing the complaint upon the merits, entered upon a decision of the court on trial at Circuit without a jury. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon ah order made May 27, 1895, which affirmed a judgment in favor of defendant, dismissing the complaint upon the merits, entered upon a decision of the court on trial at Circuit without a jury. The nature of the action and the facts, so far as material, are stated in the opinion. Chapter 344 of the Laws of 1893 took effect and became operative upon its approval by the governor at or about ten-thirty o’clock in the forenoon of Tuesday, the 11th day of April, 1893, its last section…
1Opinion of the CourtO’Brien, J.
This was an action in the nature of a quo warranto brought in the name of the attorney-general to oust the defendant from the office of town clerk of the town of "Watervliet, in the county of Albany, upon the allegation that he had wrongfully intruded into the same, without color of right or authority of law. It is conceded that the relator was elected to that office at the town meeting held in the town in the month of April, 1893. The dispute arises wholly with respect to the duration of the term which he was elected to fill, whether one or two years. The defendant is in possession of the…
2Cases cited2 opinions
- People Ex Rel. Fowler v. BullNew York Court of Appeals · 1871
- People Ex Rel. Williamson v. . McKinneyNew York Court of Appeals · 1873
3Cited by17 opinions
- O'Connor v. City of Fond du LacWisconsin Supreme Court · 1901
- State ex rel. Cummings v. TrewhittTennessee Supreme Court · 1904
- Slewett & Farber v. Board of Assessors of County of NassauAppellate Division of the Supreme Court of the State of New York · 1981
- Richman v. LighamSupreme Court of New Jersey · 1956
- People Ex Rel. Lovett v. . RandallNew York Court of Appeals · 1897
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