People ex rel. Gallup v. Green
New York Supreme Court
Motion for leave to file an information in the nature of a quo warranta. Archibald Green was elected sheriff of the county of Cayuga, at a special election holden on the 4th September, 1826, in pursuance of a proclamation of De Witt Clinton, then governor of the state, issued in consequence of the death of Stephen W. Hughes, who, at the general election in November, 1825, was chosen sheriff of Cayuga, and on the 1st of January thereafter took upon himself the duties of the…
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Motion for leave to file an information in the nature of a quo warranta. Archibald Green was elected sheriff of the county of Cayuga, at a special election holden on the 4th September, 1826, in pursuance of a proclamation of De Witt Clinton, then governor of the state, issued in consequence of the death of Stephen W. Hughes, who, at the general election in November, 1825, was chosen sheriff of Cayuga, and on the 1st of January thereafter took upon himself the duties of the office, which he continued to discharge until the 19th day of July, 1826, when he died. At the general election in…
1Opinion of the Court
By the Court, Marcy, J.
This case involves the construction of that provision in the constitution of this state which relates to the office of sheriff. The eighth section of the fourth article declares that sheriffs, &c. shall be chosen by x the electors of the respective counties, once in every three years, and as often as vacancies shall happen; they shall hold no other office, and be ineligible for the next three years after the termination of their offices ; and the governor may remove them at any time within the three years for which they shall be elected. These are all the provisions of…
2Cited by46 opinions
- The People Ex Rel. Jackson v. . PotterNew York Court of Appeals · 1872
- New York Public Interest Research Group, Inc. v. SteingutNew York Court of Appeals · 1976
- State ex rel. Shaw v. WareOregon Supreme Court · 1886
- People ex rel. McKune v. WellerCalifornia Supreme Court · 1858
- People Ex Rel. Joyce v. . BrundageNew York Court of Appeals · 1879
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