In Re Smith v. . Board of Supervisors
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made December 3, 1895, which reversed an order of the Special Term denying a motion for a peremptory mandamus, set aside the apportionment of St. Lawrence county into assembly districts made by its board of supervisors and ordered that a peremptory writ of mandamus issue directing the board to re-con vene and re-divide the county into assembly districts.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made December 3, 1895, which reversed an order of the Special Term denying a motion for a peremptory mandamus, set aside the apportionment of St. Lawrence county into assembly districts made by its board of supervisors and ordered that a peremptory writ of mandamus issue directing the board to re-con vene and re-divide the county into assembly districts. The facts, so far as material, are stated in the opinion. The board of supervisors of St. Lawrence county had the power, in its discretion and…
1Opinion of the CourtBartlett, J.
The petitioner, by moving for a peremptory writ of mandamus without taking issue on the facts alleged by the appellant in reply to the moving papers, must be taken to have admitted them. (People ex rel. P. C. S. Bank v. Cromwell, 102 N. Y. 481; People ex rel. v. Richards, 99 N. Y. 620; People ex rel. v. Supervisors, 73 N. Y. 173, 175; People ex rel. v. Supervisors, 64 N. Y. 600.)
This appeal involves the construction of certain provisions in article 3, section 5, of the Constitution of 1894. Under the Constitution of 1846, the county of St. Lawrence was entitled to three assemblymen; under the…
2Cases cited5 opinions
- Newell v. People Ex Rel. PhelpsNew York Court of Appeals · 1852
- People v. . RathboneNew York Court of Appeals · 1895
- People Ex Rel. Port Chester Savings Bank v. CromwellNew York Court of Appeals · 1886
- People Ex Rel. Lawrence v. Board of Supervisors of the County of WestchesterNew York Court of Appeals · 1878
- People Ex Rel. Mott v. . Board of SupervisorsNew York Court of Appeals · 1876
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- Matter of Sherrill v. . O'BrienNew York Court of Appeals · 1907
- People Ex Rel. Balcom v. . MosherNew York Court of Appeals · 1900
- People Ex Rel. McClelland v. . RobertsNew York Court of Appeals · 1896
- Matter of DowlingNew York Court of Appeals · 1916
- Preisler v. DohertySupreme Court of Missouri · 1955
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